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CrPC Section-41 - When police may arrest without warrant

Description

The section you provided outlines the situations in which a police officer may arrest a person without an order from a Magistrate or a warrant. These circumstances include:

  1. Involvement in a cognizable offence: If the person has been involved in a cognizable offence, or there is a reasonable complaint, credible information, or suspicion about their involvement.

  2. Possession of house-breaking tools: If the person is found in possession of any implement of house-breaking without a lawful excuse, and the burden of proof regarding the excuse lies on the person.

  3. Proclaimed offenders: If the person has been proclaimed as an offender either under this Code or by order of the State Government.

  4. Possession of stolen property: If the person is found with something that may reasonably be suspected as stolen property, and the person is reasonably suspected of committing an offence related to that property.

  5. Obstructing a police officer: If the person obstructs a police officer in the execution of their duty, or if the person escapes or attempts to escape from lawful custody.

  6. Deserter from the Armed Forces: If the person is reasonably suspected of being a deserter from any of the Armed Forces of the Union.

  7. Offence committed outside India: If the person has been involved in, or there is a reasonable suspicion or complaint about their involvement in, any offence committed outside India which would be punishable in India, and the person is liable to be apprehended or detained under any law relating to extradition or other legal provisions.

  8. Breach of release conditions: If the person is a released convict and commits a breach of any rule made under Section 356(5).

  9. Requisition for arrest: If a requisition (written or oral) has been received from another police officer for the arrest of the person, and the requisition specifies the person to be arrested, the offence, or the cause for arrest. It must also be clear that the person could be lawfully arrested without a warrant by the officer issuing the requisition.

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