Question
Download Solution PDFUnder which section of Criminal Procedure code can a police arrest a person without a warrant?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 41.
Key Points
- Section 41 of the Code of Criminal Procedure, 1973, empowers the police to make arrests without a warrant.
- It can be done under the given circumstances:
- A police complaint has been filed.
- A suspect may be in the process of a housebreak.
- The suspect is a proclaimed offender.
- The suspect is in possession of the stolen property; or is suspected to be in possession of it.
- Obstructs a police officer from performing his duty.
- Is an Army deserter.
- A complaint has been filed against a person that he/she may commit a crime anywhere in India.
- The person commits a crime under any rule made under sub-section (5) of section 356.
- A police station from anywhere in India tells another one to make an arrest.
Additional Information
- Section 42 specifies where the police can make an arrest with a warrant taken from a magistrate.
- Section 43 deals where an arrest can be made by a private individual.
- Section 44 deals with arrest by a magistrate.
Last updated on Jun 19, 2025
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