When Police can Arrest Without Warrant | Sec 41, CrPC - ARREST | Vansh Nagpal

Показать описание

In this video we have discussed about the Arrest Procedures in accordance with chapter V of CrPC. With the help of Important Observations of hon’ble Supreme Court of India, we have elucidated the following topics in Brief: -

1) When Police may arrest without warrant u/s 41(1) of CrPC,
2) Reasons for Arrest,
3) Police cannot arrest in commission of NCO,
4) Notice of Appearance before Police Officer u/s 41-A of CrPC,
5) Procedure of Arrest and Duties of Arresting Officer u/s 41-B of CrPC,
6) Control Rooms at Districts u/s 41-C of CrPC, and
7) Rights of Arrested Person to meet an Advocate u/s 41-D of CrPC.

Also we have Briefly explained: -

1) The Leading Judgements,
2) Practical Criminal Approach, and
3) Important Sections of CrPC related to Arrest.

#arrest #police

ANSWERS: -

1) When any arrest is made under section 41(1)(i) on requisition of any other officer, the arresting officer acts as an agent of the requesting officer. In the above given situation, ‘X’ is acting as an agent of ‘Y’. When arrest is made in accordance to the section 41(1)(i) of CrPC, it will be deemed that the Police officer who requested the arrest has arrested himself and therefore only the requesting officer will be held accountable and not the agent. Thus, ‘Y’ would be held accountable and responsible for the abovesaid arrest.

2) The credibility of witness who are not of sound mind or who are minor is insignificant and thereby the signature of these witness are of no importance. In the above given situation, the bother of arrestee is a minor (even though mature to understand the situation), in the legal prospective, he is incapable of becoming a credible witness. Thus the right of arrestee under Section 41-B(3) to inform any family member about the arrest in absence of signature of any family member in Witness column of Memorandum of Arrest (MoA) would still prevail.

I hope this Video helps you in Understanding Law and Preparation for various exams - Kindly Subscribe to my Channel, So that you Stay Updated with all the Legal Topics, Current Affairs and Recent Cases See you in the Next Class!

Thank You
and all the Best!