Entire CrPC in Hindi with PDF Notes- Section - 41, 42 Arrest Without Warrant and Exception

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Arrest Without Warrant
Ss 41 - 42
Meaning
In Cognizable Offences (Serious)
Immediate arrest
Exception in Non-cognizable cases
Arrest w/o warrant made by PO or even by Private Person
Difference from Arrest With Warrant
41. When police may arrest without warrant
Any PO may, can arrest any person who commits the following acts without
warrant.
1. Cognizable Offence in the presence of the PO
2. Against whom
a. a reasonable complaint has been made, or
b. credible information has been received, or
c. a reasonable suspicion exists
d. 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,
e. if the following conditions are satisfied……….
(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
reasons in writing for not making the arrest
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.
(iii) (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;]
(iv) who has been proclaimed as an offender either under this Code or by
order of the State Government; or
(v) 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
(vi) who obstructs a police officer while in the execution of his duty,
or who has escaped, or attempts to escape, from lawful custody; or
(vii)who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union; or
(Viii) 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
(ix) who, being a released convict, commits a breach of any rule made
under sub-section (5) of section 356; or
(X) 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.
No arrest without warrant in Non Cognizable Cases
General Rule - 41(2)
Exception - Section 42