Procedure when police officer deputes subordinate to arrest without warrant
AI Assist
Summary
If a station in-charge or an investigating officer asks a subordinate to arrest someone without a warrant while the superior is not present, the superior must give a written order naming the person and the offence or cause. The subordinate must, before arresting, tell the person the substance of that order and must show it if the person asks. This does not limit arrest powers under section 35.
Example
Priya files an FIR alleging shop theft. The station in-charge asks constable Arjun to arrest Rohan without a warrant while the in-charge is away, and gives Arjun a written order naming Rohan and the theft. Before arresting, Arjun tells Rohan the substance of the order and shows it when Rohan asks.
Bare Act
Enacted text(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.
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