Arrest Without Warrant /When Police can Arrest without Warrant ? Lecture By Muhammad Ishfaq Adv

(1) Any police officer may, without an order from a Magistrate and without a warrant, arrest. Firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned.
It will there be seen that under the first Sub-clause of Section 54 (1) of Cr. PC a person can be arrested without a warrant in the following circumstances:
(a) If he concerned in any cognizable offence.
(b) Against whom a reasonable complaint has been made.
(c) Against whom credible information has been received that he is concerned without commission of such offence.
(d) If reasonable suspicion exist about him being so concerned.
The above mentioned Section conferred sufficient powers to police officer, but such powers can be exercised only in those cases where a police officers is possessed of some evidence indicating involvement of a person under the four situations mentioned in Section 54 (1) of Cr. PC. But in most of the cases it is noticed that the police officer arrested the person without collecting any material connecting with commission of the offences.
Under the provisions contained in the Cr. PC that once a person concerned or suspected to have committed a cognizable offence is arrested by a police officer it is expected of him that he would complete the investigation without any loss of time and at least complete the investigation within 24 hours of his arrest as laid down in Section 61 of Cr.P.C. Under Section 62 of Cr.P.C. every public officer incharge of police station is required to report to the concerned District Magistrate or if directed by him to the Sub-Divisional Magistrate about the arrest of person without warrant within their territorial limits. It is the responsibility of the concerned Magistrate to scrutinize the report of arrest made by the police officer and find out if the action can be justified in law.
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