41.
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;"’
*[sub-clauses (a) and (b) substituted by Code of Criminal
Procedure Amendment act, 2008]
**[Proviso to sub-clause (b) inserted by Code of Criminal
Procedure Amendment Act, 2010]
*[(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."
}
*[sub-clause (2) substituted by Code of Criminal Procedure
Amendment act, 2008]
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