Section 55 CrPC: Procedure when police officer deputes subordinate to arrest without warrant

Code of Criminal Procedure, 1973

Section 55 CrPC at a Glance

Section 55 CrPC deals with procedure when police officer deputes subordinate to arrest without warrant. From 1 July 2024 it is replaced by Section 55 BNSS.

Now BNSS

Section 55 →

What Section 55 CrPC Says

55. Procedure when police officer deputes subordinate to arrest without warrant

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.

Source: Section 55, Code of Criminal Procedure, 1973

Section 55 CrPC in Simple Words

Section 55 of the Code of Criminal Procedure, 1973 deals with the procedure when a police officer deputes a subordinate to arrest without warrant. When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant, otherwise than in his presence, any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.

Before making the arrest, the officer so required shall notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. Section 55(2) CrPC states that nothing in Section 55(1) CrPC shall affect the power of a police officer to arrest a person under Section 41 CrPC.

When Section 55 CrPC Applies

  • Section 55(1) of the Code of Criminal Procedure, 1973 speaks of any officer in charge of a police station or any police officer making an investigation under Chapter XII who requires any officer subordinate to him to arrest without a warrant, otherwise than in his presence.
  • Section 55(1) CrPC speaks of the arrest of any person who may lawfully be arrested without a warrant.
  • Under Section 55(1) CrPC, the deputing officer shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
  • Under Section 55(1) CrPC, the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
  • Under Section 55(2) CrPC, nothing in Section 55(1) CrPC shall affect the power of a police officer to arrest a person under Section 41 CrPC.

Example of Section 55 CrPC

Inspector Arvind, the officer in charge of a police station, requires Sub-Inspector Deepak, an officer subordinate to Inspector Arvind, to arrest Mohan without a warrant, otherwise than in the presence of Inspector Arvind. Mohan may lawfully be arrested without a warrant. Under Section 55(1) of the Code of Criminal Procedure, 1973, Inspector Arvind shall deliver to Sub-Inspector Deepak an order in writing, specifying Mohan and the offence for which the arrest is to be made. Before making the arrest, Sub-Inspector Deepak shall notify to Mohan the substance of the order and, as Mohan asks, shall show Mohan the order.

When Section 55 CrPC Does Not Apply

  • Section 55(1) of the Code of Criminal Procedure, 1973 speaks of an arrest without a warrant made otherwise than in the presence of the deputing officer. It does not deal with an arrest made by the subordinate officer in the presence of the deputing officer.
  • Section 55(1) CrPC speaks of a person who may lawfully be arrested without a warrant. It does not deal with a person who may not lawfully be arrested without a warrant.
  • Section 55(1) CrPC speaks of an officer in charge of a police station or a police officer making an investigation under Chapter XII. It does not deal with a deputation by a police officer who is neither.

Section 55 CrPC Under BNSS 55: What Changed

Section 55 CrPC is now covered under Section 55 BNSS.

Section 55 of the Code of Criminal Procedure, 1973 became Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 55(1) BNSS reads an investigation under Chapter XIII where Section 55(1) CrPC read Chapter XII, and Section 55(2) BNSS reads Section 35 BNSS where Section 55(2) CrPC read Section 41 CrPC. Each new reference is to the corresponding chapter or section of the Sanhita. The rest of the wording is the same.

View detailed comparison (CrPC 55 vs BNSS 55) →

FAQs on Section 55 CrPC

Who can depute a subordinate officer to arrest without a warrant under Section 55 CrPC?▼

Under Section 55(1) of the Code of Criminal Procedure, 1973, any officer in charge of a police station or any police officer making an investigation under Chapter XII may require any officer subordinate to him to arrest without a warrant, otherwise than in his presence, any person who may lawfully be arrested without a warrant.

What must the written order under Section 55(1) CrPC contain?▼

Under Section 55(1) of the Code of Criminal Procedure, 1973, the order in writing delivered to the officer required to make the arrest shall specify the person to be arrested and the offence or other cause for which the arrest is to be made.

What duties does the subordinate officer have before making an arrest under Section 55(1) CrPC?▼

Under Section 55(1) of the Code of Criminal Procedure, 1973, the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

Does Section 55(1) CrPC affect the power of a police officer to arrest without a warrant under Section 41 CrPC?▼

No. Section 55(2) of the Code of Criminal Procedure, 1973 states that nothing in Section 55(1) CrPC shall affect the power of a police officer to arrest a person under Section 41 CrPC.

Where is Section 55 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 55 CrPC is found in Section 55 BNSS, which has the same heading. Section 55(1) CrPC maps to Section 55(1) BNSS, and Section 55(2) CrPC maps to Section 55(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·