Arrest to prevent the commission of cognizable offences
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.
STATE AMENDMENTS
MAHARASHTRA
■ Sub-section (2)
After the words “required or authorised”, insert “under sub-section (3) or”.
■ Sub-section (3)
After sub-section (2), insert following sub-section :
“(3)(a) Where a person is arrested under this section and the officer making the arrest, or the officer-in-charge of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the court of a Judicial Magistrate) is necessary, by reasons that—
| (i) | the person is likely to continue the design to commit, or is likely to commit the cognizable offence referred to in sub-section (1) after his release; and | |
| (ii) | the circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order, |
the officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours.
(b) Notwithstanding anything contained in this Code or any other law for the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of such person in custody beyond the period of twenty-four hours, he may, from time to time, by order, remand such person to such custody as he may think fit:
Provided that no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person.
(c) When any person is remanded to custody under clause (b), the Magistrate shall, as soon as may be, communicate to such person the grounds on which the order has been made and such person may make a representation against the order to the Court of Session. The Sessions Judge may, on receipt of such representation, after holding such enquiry as he deems fit, either reject the representation, or if he considers that further detention of the arrested person is not necessary, or that it is otherwise proper and just so to do, may vacate the order and the arrested person shall then be released forthwith”—Vide Maharashtra Act No. 7 of 1981.