Imagine yourself cozy on a couch, sipping tea, and snacking on a rainy day. Suddenly, the doorbell rings, and to your shock, it's the police! Before you can even react, they cuff you and take you away. Your mind races with questions: 'Why am I being arrested?', 'Show me the warrant!', 'What did I do?!'
If this scenario became a reality, it's essential to remain calm and understand the powers of the police and your rights. Let's break it down:
- Can police arrest without a warrant?
- What are your rights during an arrest?
- is warrantless aresst is injustice to the individual?
- Can police arrest without a warrant after sunset and before sunrise?
Let's explore these questions one by one.
☆Police can arrest you without a warrant in the following cases
● If any police officer suspects that the person going to do any illegal activities or reasonably found to be in possession of stolen property; or
● police receive information from other police stations for the aresst; or
● If the person has committed a cognizable offence, or against whom a reasonable complaint has been made; or
● If the person has been proclaimed as an offender either under this code or by the order of the state government; or
● anyone who obstructs a police officer while execution his duty; or
● In cases of extradition; or
●for proper investigation of the offence; or
● to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or dissuade any person from disclosing the facts to the court or to the police officer; or
● if the police officer believes that the person may abscond or flee or fails to appear in the court; or
● If the person is a deserter from the Army, Navy or Air force; or
●In case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years in this no arrest shall be made without prior permission of an officer not below the rank of DSP, Deputy Superintendent of Police.
while arresting the person police have to record his reasons in writing whether police arrest the person without warrant or not arresting a person.
☆ what are your rights during an arrest?
● Right to be taken before a Magistrate police must produce the person before the magistrate within 24 hrs of arrest.
● Right to released on bail if the person committed a bailable offence, the person has the to release on bail but not in non bailable offences such as Murder, Rape etc.
● Right to be silent, It states that any person who has been accused of any offence, shall not be compelled to be a witness against himself.
● Right to know the grounds of arrest every person who is being arrested by any police officer, without any warrant, is entitled to know the full particulars of offence for which he is being arrested, and that the police officer is duty bound to tell the accused such particulars and cannot deny it.
● Right to Consult a legal practitioner this Right ensure that their rights are protected during the investigation and subsequent legal proceedings.
● Right to be examined by a medical practitioner this Right allows the safeguard of evidence against the person, or any illness or injury or injuries can be treated.
● Right of free legal aid if the person who can't afford the advocate on his behalf. It's the duty of the state to provide him advocate.
☆Is warrantless aresst is injustice to the individual?
There are chances of injustice when police officer abuse his power, risk of fake arrests, violation of privacy but it's important to note that warrantless aresst is important in cases such as emergency situations, accused is going to abscond himself, police suspect some illegal activities like buying or selling of weapons like pistols, cartridges.
☆Can police arrest without a warrant after sunset and before sunrise?
No, Police cannot aresst a person after sunset and before sunrise irrespective of the sex. Except in exceptional circumstances. In D.K. Basu v. State of West Bengal, 1997 highest court in India states that No arrest of person before and after sunset if the arrest is necessary police must ensure that they obtain
- prior permission from a senior officer not below the rank of Superintendent of Police.
- Ensure the presence of a lady constable in the case of women arrest
- follow all the necessary procedural safeguards.
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