Procedure when police officer deputes subordinate to arrest without warrant
AI Assist
Summary
When a station house officer or an investigating police officer wants a subordinate to arrest someone without a warrant and not in his presence, the senior must give a written order naming the person and the offence or cause. The subordinate must, before arresting, notify the person of the substance of that order and show it if the person asks. This does not affect the power to arrest under section 41.
Example
Priya runs a shop and reports a theft. The station house officer gives constable Aditya a written order to arrest Rohan later without being present, naming Rohan and the theft. Before arresting, Aditya must tell Rohan the substance of the order and show it if 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 XII 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 41.
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