September 11, 2024

When police may arrest without warrant (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— [(a)   who commits, in the presence of a police officer, a cognizable offence; (b)   against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i)   the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii)   the police officer is satisfied that such arrest is necessary— (a)   to prevent such person from committing any further offence; or (b)   for proper investigation of the offence; or (c)   to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d)   to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e)   as unless such person is arrested, his presence in the Court whenever required cannot be ensured,     and the police officer shall record while making such arrest, his reasons in writing:     [Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest;] (ba)   against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;] or (c)   who has been proclaimed as an offender either under this Code or by order of the State Government; or (d)   in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e)   who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f)   who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g)   who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h)   who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or (i)   for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. [(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.]

Duty of officers employed in connection with the affairs of a village to make certain report (1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting— (a)   the permanent or temporary residence of any notorious receiver or vender of stolen property in or near such village; (b)   the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; (c)   the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the Indian Penal Code (45 of 1860); (d)   the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person; (e)   the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D; (f)   any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information. (2) In this section,— (i)   “village” includes village-lands; (ii)   the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive); (iii)   the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

Public to give information of certain offences (1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely :— (i)   sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code); (ii)   sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code); (iii)   sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification); (iv)   sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.); (v)   sections 302, 303 and 304 (that is to say, offences affecting life); [(va)   section 364A (that is to say, offence relating to kidnapping for ransom, etc.)]; (vi)   section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft); (vii)   sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity); (viii)   section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.); (ix)   sections 431 to 439, both inclusive (that is to say, offences of mischief against property); (x)   sections 449 and 450 (that is to say, offence of house-trespass); (xi)   sections 456 to 460, both inclusive (that is to say, offences of lurking house-trespass); and (xii)   sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes), shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

Aid to person, other than police officer, executing warrant When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.  

Public when to assist Magistrates and police Every person is bound to assist a Magistrate or police officer reasonably demanding his aid— (a)   in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b)   in the prevention or suppression of a breach of the peace; or (c)   in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

Powers of superior officers of police Police officers superior in rank to an officer-in-charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.  

Powers of Judges and Magistrates exercisable by their successors-in-office (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate. COMMENTS LAW COMMISSION REPORTS Views on sentencing powers of Magistrates – In regard to sentencing powers of the Chief Judicial Magistrate, the Law Commission observed : “He (the CJM) would naturally be a senior and experienced Magistrate who could be safely entrusted with the power to impose punishment up to seven years’ imprisonment. After the separation of the executive from the judiciary, there would not be any objection to such a Magistrate trying serious cases and awarding sentences up to seven years simply because he is designated as a Magistrate.” In regard to sentencing powers of other Magistrates, the Commission observed : “When the separation of the judiciary from the executive is fully effected, a great majority of Magistrates will be legally qualified and trained members of the Judiciary who can be entrusted with somewhat higher sentencing powers than they now have.”

Withdrawal of powers (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.