Arrest by Magistrate
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Summary
If an offence occurs in a Magistrate's presence within his local area, the Magistrate may arrest the offender himself or order someone to do so, and can commit the person to custody subject to the regular bail rules. Also, while a person is before him and within his jurisdiction, a Magistrate may at any time arrest or direct the arrest of anyone for whom he could validly issue a warrant.
Example
Ravi shoves a neighbour during a small hearing held before the Magistrate in the local court room. Because the offence happened in the Magistrate's presence and within his local area, the Magistrate may arrest Ravi or order his arrest and may commit him to custody subject to bail rules.
Bare Act
Enacted text(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
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