Who has right to arrest?

Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise.

Can a citizen arrest a police officer in India?

Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer.

Can a private person make an arrest in India?

Arrest by a private person According to this section, any person and not just a citizen can arrest or cause a person to be arrested who commits a non-bailable and cognizable offence in his presence. The private person shall take over such a person arrested by him to a police officer.

Who are competent arrests?

Generally, a police officer has the power to arrest a person within his jurisdiction but section 48 provides an extension to such powers. A police officer who has authority to arrest a person without a warrant may pursue such person into any place in India, in order to arrest the person.

What is warrantless arrest?

(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. This is also known as a hot pursuit arrest.

What is a private citizen example?

A private citizen is someone who does not have an official or professional role in a given situation. For example, a legislator is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen’s arrest in a public place.

Can a police officer arrest someone without a warrant in India?

A police officer may, for the purpose of arresting without warrant any person whom is authorized to arrest, pursue such person into any place in India (sec 48). Arrested person shall not be subjected to unnecessary restraint and physical inconvenience unless it’s necessary to do so to prevent his escape (sec. 49).

What will happen if arrest is not made in India?

If it is not done the arrest will become unlawful. The Indian Constitution also supports this and had emphasised upon it in Article 22 (1), a fundamental right. It prescribes certain rights that are present with the accused at the time of arrest (fundamental in nature).

What is the right against self-incrimination in India?

The constitution of India guarantees every person right against self-incrimination under Article 20 (3) according to which no person accused of any offense shall be compelled to be a witness against himself.

What are the powers of a magistrate in India?

Magistrate here includes both an executive or judicial Magistrate. According to Section 44(1) of CrPC when an offence is committed in the presence of a magistrate within his local jurisdiction, he has the power to arrest that person himself or order any person for arrest and subject to the conditions relating to bail, commit the accused to custody.