Arrest to prevent commission of cognizable offences
AI Assist
Summary
A police officer who learns of a design to commit a cognizable offence may arrest the person without a Magistrate's order and without a warrant when arrest is necessary to prevent the crime. The power is preventive: it targets the planned offence, not just completed acts. The arrested person cannot be held beyond 24 hours unless another provision of this Sanhita or some other law authorises further detention.
Example
Ravi tells a neighbour he will smash a shop window tonight. Police learn of the plan and arrest him without a Magistrate or warrant because they cannot otherwise stop the attack. Ravi cannot be detained more than 24 hours unless another law authorises further custody.
Bare Act
Enacted text(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.
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