Arrest under the Code of Criminal Procedure (CrPC) in India can be made with or without a warrant, depending on the circumstances of the case.
Arrest with Warrant
Arrest with a warrant is made on the basis of a written order issued by a magistrate or a court. The warrant specifies the name of the person to be arrested, the offence they are accused of, and the authority issuing the warrant. The police can execute the warrant and arrest the person at any time or place, provided they have the warrant with them.
Some Circumstances in which an Arrest can be Made with a Warrant
- When the person has been declared as a proclaimed offender.
- When the person has been accused of committing a non-bailable offence.
- When the person has breached the conditions of bail granted to them.
- When the person has failed to appear before the court despite being summoned.
Arrest without Warrant
Arrest without a warrant can be made in certain circumstances, such as when the person is caught committing an offence, or when the police have a reasonable suspicion that the person has committed an offence.
Some Circumstances in which an Arrest can be Made Without a Warrant:
- When the person is caught committing an offence.
- When the person is accused of committing a cognizable offence.
- When the person is accused of committing a non-bailable offence.
- When the person is a habitual offender or has a history of committing crimes.
- When the police have a reasonable suspicion that the person has committed an offence.
In both cases, the person making the arrest must inform the accused of the grounds for the arrest and produce them before a magistrate or court as soon as possible. The person being arrested has the right to be informed of the charges against them, and the right to legal representation during the arrest and subsequent court proceedings.
