Cs general law
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 August 2013
A requisition was received by the sub-inspector of a police station from another police station to arrest one Mr. X in connection with the commission of a non-cognizable offence. Accordingly,the sub inspector arrest Mr. X. Is the action of the sub-inspector valid?
04 August 2013
In the given problem, arrest is required to be made in connection with a non-cognizable offence for which warrant is necessary. Therefore action of Sub Inspector is not valid. Mr. X cannot be legally arrested without warrant. The sub-inspector cannot arrest Mr. X on the basis of requisition alone.
Section 41(1)(i) of the Code of Criminal Procedure, 1973 provides that police can arrest a person without warrant for whose arres't a requisition is received from other police station only when the offence, in connection of which requisition is made, is such for which arrest warrant is not required.
Section 41(1)(i) of the Code of Criminal Procedure, 1973 provides that police can arrest a person without warrant for whose arres't a requisition is received from other police station only when the offence, in connection of which requisition is made, is such for which arrest warrant is not required.
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