When police may arrest without warrant.

What this section does

A police officer may arrest without a warrant or Magistrate's order in specified circumstances including commission of a cognizable offence in the officer's presence, credible information or reasonable suspicion of a cognizable offence, possession of suspected stolen property, obstruction of police, and other enumerated grounds. For offences punishable with less than seven years' imprisonment, the officer must record reasons for arrest or for not arresting; for persons above sixty years of age or infirm persons accused of offences punishable with less than three years' imprisonment, prior permission of an officer not below the rank of Deputy Superintendent of Police is required. Where arrest is not required, the officer must issue a notice to appear.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Police officer · Deputy Superintendent of Police · Magistrate · Accused person

Time limit

None specified for arrest itself; DSP permission required before arrest of persons above 60 or infirm for offences punishable with less than 3 years

• CRPC Section 41 — When police may arrest without warrant