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Without warrant of Arrest:-

Arrest without warrant: General power of arrest by Police

Section 54 of the Code of Criminal Procedure lays down the general power of arrest by police officer. This power is general in the sense that a police officer may arrest a person without warrant or any kind of order from superior authority or court or Magistrate. In nine circumstances a police officer may, without an order from a Magistrate and without a warrant, arrest a person:

any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonables suspicion exists of his having been so concerned;

any person having in his possession without lawful excuse any implement of house-breaking;

any person who has been proclaimed as an offender either under this Code or by order of the Government;

any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed, an offence with reference to such thing;

any person who obstructs a Police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

any person reasonably suspected of being a deserter from . ., the armed forces of Bangladesh;

any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would have been punishable as an offence, and for which he is, under any law relating to extradition or under the Fugitive Offenders Act, 1881, or otherwise, liable to be apprehended or detained in custody in Bangladesh;

any released convict committing a breach of any rule made under section 565, sub-section (3);

any person for whose arrest a requisition has been received from another police-officer, provided that the requisition specified the person to be arrested and the o0ffence or other cause for which the arrest is to be made and it appears therefore that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

Special power of Arrest

Section 54 deals with general power of arrest and section 55, 56, 64 and 65 deal with special powers of arrest. The special power under these sections cannot override the general powers of arrest in cases provided for in section 54. Thus a police officer while under a special power of arrest may use his general power of arrest under section 54 and this is not affected by the empowerment of his special power of arrest.

Instances of Special Power of Arrest

Any Officer in charge of a police station may arrest a vagabond, habitual offender without warrant under section 55.

A police officer may depute a subordinate to cause arrest without warrant and in such a case the subordinate officer can arrest without warrant (sec. 56).

A police officer may arrest a person who commits a non-cognizable offence in presence of the police and refuses to give his name and address or the name and address given is believed to be false (sec. 57)

A private person may arrest without warrant any person who is a proclaimed offender or who in his view commits a non-bail able and cognizable offence (sec. 59).

Any Magistrate may at any time arrest or direct the arrest, in his presence, within the focal limits- of his jurisdiction of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant (sec, 65).

If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Bangladesh (sec. 66).

An Officer in Charge of a Police station may arrest without warrant any member of an unlawful assembly who being commanded to disperse shows determination not to disperse (sec. 128).

Any police officer may arrest without warrant a person who cannot otherwise be prevented from committing a cognizable offence (sec. 151).

Any police officer may arrest without warrant a person who fails to fulfill the conditions on which a sentence has been suspended or remitted by the Government sec. 401 (3).

Arrest: Under Metropolitan police Ordinances

Under the four Metropolitan Police Ordinances, police can arrest a person without warrant, if he is found between sunset and sunrise in the following conditions:

Equipped with dangerous instruments without satisfaction excuse;

With face covered or otherwise disguised without satisfactory excuse;

Being present in any dwelling house or other building, or on board, any vessel, boat or vehicle without satisfactory reason;
Laying or loitering in any street or other places without satisfactory reason;

Having in possession implement of house breaking without satisfactory reason.

Obstructs a police officer in perforating his duty or who has escaped or attempts to escape from lawful custody;

Is concerned in or against whom a complaint has been lodged or credible information received or reasonable suspicion exists of his being so concerned in any act committed at any place out of the.

Posted from
Shoaib Rahman
LL.M. Advocate

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