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Under which law can a person be arrested without a warrant?

10-Dec-2023
Indian

Answer By law4u team

In India, a person can be arrested without a warrant under various circumstances as provided by the Code of Criminal Procedure (CrPC), 1973. The CrPC outlines the procedures and powers of law enforcement agencies in matters related to the investigation, arrest, and trial of criminal offenses. Key situations in which a person can be arrested without a warrant include: Commission of a Cognizable Offense: A cognizable offense is an offense for which a police officer can arrest an accused without a warrant. Examples of cognizable offenses include serious crimes like murder, robbery, and certain offenses against women. Arrest on Information: A police officer may arrest a person without a warrant based on credible information or reasonable suspicion that the person has committed a cognizable offense. Preventive Arrests: In certain situations where there is a reasonable apprehension of the commission of a cognizable offense, a police officer may arrest a person to prevent the offense. This is often referred to as a "preventive arrest." Arrest for Breach of Peace: A police officer may arrest a person without a warrant if the person's actions are likely to result in a breach of peace. Arrest on Non-Appearance: If a person refuses to give their name and address, or if there are reasonable grounds to believe that giving false information, the person may be arrested without a warrant. It's important to note that while the law provides provisions for warrantless arrests, there are legal safeguards in place to prevent arbitrary or unlawful arrests. The person arrested must be informed of the grounds for arrest, and the arrest must be conducted in accordance with the procedural requirements outlined in the CrPC. Arrest procedures and legal provisions are subject to change, and it's advisable to refer to the latest version of the Code of Criminal Procedure or consult legal professionals for the most current information.

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