Description:
Section 69 of the BNS (Bharatiya Nagarik Suraksha) or Indian Penal Code, relates to the power of arrest without a warrant in certain cases. It gives authority to certain law enforcement officers to arrest individuals without a warrant under specific circumstances. This provision is designed to enable immediate action against offenders who might pose an immediate threat to society or engage in acts of criminality.
Who Can Make the Arrest:
The police officer, typically of rank higher than or equal to a sub-inspector, or other officers with special powers, are authorized to make an arrest without a warrant under Section 69.
When Can Arrest be Made:
Nature of the Crime:
The law applies to serious offenses where there is a fear of escape or further harm if the offender is not detained immediately. Offenses such as murder, theft, violent attacks, or public disorder could warrant the arrest without a warrant.
Power of the Arresting Officer:
The arresting officer has the power to arrest the accused immediately without the need for prior approval or warrant from a magistrate. However, the officer must be reasonably certain that the individual has committed an offense.
Preventing Further Criminal Activity:
Section 69 also empowers the police to arrest individuals without a warrant if there is a reasonable belief that such individuals will continue to engage in criminal activity or would endanger public safety if allowed to remain free.
