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?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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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.

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