Section 41 CrPC: When police may arrest without warrant

What Section 41 CrPC Says

41. When police may arrest without warrant

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.;

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

Source: Section 41, Code of Criminal Procedure, 1973

Section 41 CrPC in Simple Words

When Section 41 CrPC Applies

• A police officer may, without an order from a Magistrate and without a warrant, arrest any person who commits a cognizable offence in the presence of a police officer under Section 41(1)(a) of the Code of Criminal Procedure, 1973.
• Under Section 41(1)(b) CrPC, a police officer may arrest a person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, if the officer has reason to believe the person committed it, is satisfied arrest is necessary to prevent further offence, ensure proper investigation, prevent disappearance or tampering with evidence, prevent inducement, threat, or promise to witnesses, or ensure presence in Court, and records reasons in writing while making the arrest.
• The proviso to Section 41(1)(b) CrPC adds a duty, not a relaxation: in every case where arrest is not required under Section 41(1) CrPC, the police officer shall record in writing the reasons for not making the arrest.
• Under Section 41(1)(ba) CrPC, a police officer may arrest a person against whom credible information has been received of committing a cognizable offence punishable with imprisonment for a term which may extend to more than seven years, whether with or without fine, or with death sentence, if the officer has reason to believe on the basis of that information that the person committed the offence.
• Under Sections 41(1)(c) to 41(1)(i) CrPC, a police officer may also arrest without a warrant a proclaimed offender, a person found in possession of suspected stolen property and reasonably suspected of an offence with reference to it, a person who obstructs a police officer in execution of duty or escapes or attempts to escape from lawful custody, a reasonably suspected deserter from the Armed Forces of the Union, a person concerned in an act committed outside India that would have been punishable as an offence if committed in India, and for which he is liable to be apprehended or detained in custody in India under extradition law or otherwise, a released convict breaching a rule under Section 356(5) CrPC, or a person for whose arrest another police officer has sent a written or oral requisition that meets the conditions in Section 41(1)(i) CrPC.

Example of Section 41 CrPC

When Section 41 CrPC Does Not Apply

• Under Section 41(2) of the Code of Criminal Procedure, 1973, subject to Section 42 CrPC, a police officer cannot arrest without a warrant or an order of a Magistrate any person concerned in a non-cognizable offence or against whom a complaint has been made, credible information has been received, or reasonable suspicion exists of being so concerned.
• Warrantless arrest under Section 41(1)(b) CrPC does not apply to a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years where the police officer lacks reason to believe the person committed the offence or is not satisfied that arrest is necessary for any ground listed in Section 41(1)(b)(ii) CrPC.
• A police officer cannot arrest a person on a written or oral requisition from another police officer under Section 41(1)(i) CrPC unless the proviso is satisfied by the requisition specifying the person to be arrested and the offence or other cause for arrest and showing that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

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