Arrest to prevent the commission of cognizable offences
AI Assist
Summary
A police officer who knows of a plan to commit a cognizable offence may arrest the person without a magistrate's order or a warrant when the officer believes the offence cannot be prevented otherwise. The arrested person cannot be detained for more than 24 hours from the time of arrest unless some other provision of this Code or another law authorises further detention.
Example
Priya sees Arjun bringing crowbars and masks to a vacant shop late at night and tells the local police she suspects a planned burglary. The officer believes the crime cannot be stopped otherwise and arrests Arjun without a magistrate or warrant. Arjun must be released or dealt with under another legal provision within 24 hours of arrest if no further authority for detention exists.
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 Code or of any other law for the time being in force.
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