Q. How may an officer incharge of a police station arrest a vagabond or habitual offender?
Q. What is warrant? When a police officer can arrest without warrant?
Q. What are the circumstances when police can arrest a person without warrant of arrest?
Q. When police may arrest any person without warrants explain in detail with reference to the relevant law.
Q. Whether the police can arrest any person without warrants if no discuss the cases with example.
Q. State circumstances under which the police officer may arrest a person without obtaining a warrant from the court?
Q. Can police arrest a person even if he has not committed any offence?
1.INTRODUCTION.
Schedule 2, Column II of Cr.P.C specifies cases in which police officer may arrest a person without obtaining warrant from the court. According to the different sections of Cr.P.C, the police officer has the power of arrest of any person without warrant. In arrest a person is confined by a police officer or any person who has such power. He may arrest the person with or without warrant. However, section 54 of Cr.P.C grants the powers to the police officer regarding arrest the person without warrant. It is the duty of the police officer that he shall be presents the said person within 24 hours before the court or Magistrate.
2. RELEVANT PROVISIONS.
Section 54, 55, 56, 57, 58, 59, 64, 65 & 151 of Cr.P.C.
3. MEANING OF ARREST.
(i). General Meaning.
Generally arrest means to deprive a person by some legal authority of his liberty.
(ii). Legal Meaning.
Legally arrest means to use legal authority to deprive someone of liberty.
(iii). In Criminal Law.
In criminal law arrest means to stop someone suspected of a crime and take him into custody.
4. DEFINITION OF ARREST.
The taking a person into legal custody either under valid warrant or on a probable cause that the person has committed a crime.
5. REASONS OF ARREST.
(i). Matter of public importance.
(ii). Administration of justice.
6. TYPES OF ARREST.
(i). Arrest without warrant.
(ii). Arrest with warrant.
(iii). Citizen Arrest.
(iv). Parole arrest.
(v). Civil arrest.
(vi). Re-arrest.
7. MEANING OF WARRANT.
Warrant means a written order for arresting of accused.
8. DEFINITION OF WARRANT.
The warrant is an order in writing issued by the court or Magistrate in respect of arrest the suspected person.
9. GENERAL RULE OF ARRESTING WITHOUT WARRANT.
General rule is that a police officer is not at liberty to arrest any person without a warrant.
(i). Exception.
If police officer found any doubtful person, he can arrest him without any warrant.
10. ARREST WITHOUT WARRANT BY WHO AFFECTED.
Arrest without warrant can be affected either of the following persons.
(A). Any Police Officer.
(B). Office In-Charge of a police station.
(C). Private person.
(D). Magistrate
11. AUTHORITIES WHO CAN ARREST WITHOUT WARRANT.
Arrest without warrant can be affected either of the following classes of persons.
(A). Arrest By Any Police Officer U/S 54.
A police officer may arrest following persons without an order from a Magistrate and without a warrant in the following cases.
(I). Person Concerned In Cognizable Offence.
A police officer may arrest any person without a warrant who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned.
(II). Person In Possession of Implement of House-Breaking.
A police officer may arrest any person without a warrant, who is in possession of implement of house-breaking but this can only be made when the police officer have received some definite information about it.
(III).Proclaimed Offender.
A police officer may arrest any person without warrant against whom a proclamation have been duly published.
(IV). Person In Possession of Stolen Property.
A police officer may arrest any person without warrant who is in possession of anything suspected to be stolen property and who has seems to commit an offence with reference to it.
(V). Person Obstructing Police Officer.
A police officer may arrest any person who obstructs and resists him in performing his duty to keep the peace.
(VI). Deserter From The Armed Forces.
A police officer may arrest a deserter from Pakistan Army, Navy or Air Force without a warrant.
(VII). Person Apprehended Under Extradition.
A police officer may arrest a person without warrant who is concerned in any offence committed outside Pakistan and which is also an offence in Pakistan and for which he is liable to be apprehended under Extradition Act.
(VIII). Released Convict.
A police officer may arrest without warrant any released convict committing a breach of any rule made under section 565(3) by the Provincial Government.
(XI). Person For Whose Arrest Requisition Has Received.
A police officer, though he is not himself authorized to arrest a person without warrant, may arrest a person, if he receives a requisition or order from another police officer authorized to arrest him without a warrant.
(X). Person Committed Non-Cognizable Offence In Presence of Police Officer U/S 57.
Any person, who has committed or accused of committing a non-cognizable offence (offence in which arrest cannot be made without warrant) in the presence of the police officer and refuses to give his name and residence or gives a false name a residence, may be arrested without a warrant.
(i). Application of Section 57.
This section applies only to a person.
(a). Who commits a non-cognizable offence in the presence of a police officer, or
(b). Who is accused of committing such offence before such officer.
In the name and address are ascertaining or otherwise known to the police officer, the person to be released on his executing a bond to appear before a Magistrate.
(ii). Where a proclaimed offender is involved in a non-cognizable case.
(iii). Where a person obstructs a police officer on duty and commits a non-cognizable offence under section 186, P.P.C.
(XI). Person Designing To Commit Cognizable Offence U/S 151.
A police officer may arrest any person without a warrant, who is designing to commit a cognizable offence, which cannot be otherwise prevented.
(XII). Person Whose Remission Or Suspension Has Cancelled U/S 401.
When a suspension or remission of sentence has been cancelled by the Provincial Government Under section 401(3) Cr.P.C, then a person may be arrested without a warrant.
(B). Arrest By Officer In-Charge of A Police Station.
An officer In-Charge of a police station may arrest following persons without an order from a Magistrate and without a warrant in his circle.
(I). Any Person Trying To Conceal Himself Under Section 55(1)(a).
An Officer-In-Charge of a police station may arrest without a warrant, any person taking precautions to conceal himself in order to commit a cognizable offence, in his circle.
(II). Person Who Has No Ostensible Means of Subsistence U/S 55(1)(b).
An Officer In-Charge of a police station may arrest any person within the limits of its police station, without a warrant, who has no ostensible means of subsistence or who cannot give a satisfactory explanation of his presence.
(III). Habitual Offender U/S 55(1)(c).
An Officer In-Charge of a police station may arrest any person without a warrant who is a habitual robber, house-breaker thief or receiver of stolen property or who commits extortion.
EXPLANATION OF ARREST OF VAGABOUNDS, HABITUAL ROBBERS ETC.
Section 55 of Cr.P.C deals with arrest of vagabonds, habitual robbers etc. and empowers an officer In-Charge of a police station to arrest any person found taking precaution to conceal his presence or any person who has no ostensible means of substance, or who cannot give a satisfactory account of himself or a person who is by repute habitual offender.
(i). Pre-Requisites Provide Under Law.
The police officer is supposed to take all the Pre-Requisites provided under the law e.g. section 103, 110, 112 Cr.P.C before taking any proceeding under this section.
(ii). Mandatory Requirement for Making Order of Arrest without Warrant.
A Magistrate before issuing notice to show cause under section 110, Cr.P.C has to comply with the mandatory requirement of making an order under section 112, Cr.P.C setting forth the substance of the information received, the amount of bond to be executed, the term for which it had to remain in force and the member, charter and class of sureties required, which had vitiated the entire proceedings.
(iii). Non Application of Sections.
This section does not cover the mala fide acts of the police or the complainants. (1997 MLD 2294). (Report of case of all process arrested without warrant).
(iv). Report of Cases of All Persons Arrested Without Warrant.
Officer In-Charge of police stations are to report to the District Magistrate or to the Sub-Divisional Magistrate (Now Zila Nazim, District Superintendent of police and District Public Safety Commission) the cases of all persons arrested without warrant.(Section 62 Cr.P.C.)
(v). Note.
The term “Vagabond” has been defined in black’s law dictionary, 8th Edition by Bryan,
A Garner, as “A homeless wanderer without means of honest livelihood VAGRANT”
This term Vagabond become archaic over the course of the 20th century, as Vagrants won the right not be forcibly removed from cities in such cases as Papachristou Vs City of Jacksonville, 405 U.5.156. In the 1990s vagabonds came to be known as street people and homeless people or the homeless.
(C). Arrest By Private Person U/S 59.
A private person may arrest following persons.
(I). Person Committed Non-Bailable And Cognizable Offence.
A private person may arrest a person who has committed a Non-Bailable cognizable offence.
(II). Proclaimed Offender.
A private person may arrest any proclaimed offender i-e-, offender against whom proclamation has been issued u/s 88.
(D). Arrest By A Magistrate.
A Magistrate may arrest within the limits of his jurisdiction following persons, without a warrant.
(I). Person Commits An Offence In His Presence U/S 64.
When a person commits an offence in the presence of a Magistrate, than the Magistrate may arrest such person.
(II). Person For Whose Arrest He Can Issue Warrant U/S 65.
A Magistrate may arrest a person for whose arrest he is competent to issue warrant.
12. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that arrest may be effected with or without warrant, and when any person is arrested by police officer without a warrant, he must be handed over or send to arrested person to the Magistrate without a delay. Person arrested cannot be detained by police officer for more than 24 Hours without a special order of a Magistrate under section 167 C.r.P.C. Section 54 & 55 provides vast powers of arrest and detention without warrant but only the circumstances are different under which such power could be used at the discretion of police.
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