When police may arrest without warrant
Sets out circumstances and safeguards for police arrest without warrant.
Earlier-law reference: CrPC 41 / 41A (context-dependent) · orientation only
Official law source ↗Criminal procedure · LEGAL ISSUE GUIDE
Arrest & Rights of Accused
गिरफ्तारी के अधिकार
Find statutory and constitutional safeguards relating to arrest and detention.
Understanding this legal issue
Find statutory and constitutional safeguards relating to arrest and detention.
The legality of arrest depends on statutory conditions and factual circumstances. Constitutional and procedural protections must be read together.
Key question: Was the person informed of grounds and produced before a magistrate in time?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST
Core procedure
Procedure of arrest and duties of arresting officer
Procedural duties on arrest, including arrest-related documentation.
Earlier-law reference: CrPC 41B · orientation only
Official law source ↗Right of arrested person to meet an advocate during interrogation
Statutory right to meet an advocate of choice during interrogation, though not throughout interrogation.
Earlier-law reference: CrPC 41D · orientation only
Official law source ↗Person arrested to be informed of grounds of arrest and right to bail
Notice of grounds and bail-related information required in specified circumstances.
Earlier-law reference: CrPC 50 · orientation only
Official law source ↗Person arrested not to be detained more than twenty-four hours
Statutory rule on production/detention subject to lawful exceptions and travel-time rules.
Earlier-law reference: CrPC 57 · orientation only
Official law source ↗Constitutional rights
Protection in respect of conviction for offences
Concerns retrospective criminal punishment, double jeopardy and compelled self-incrimination.
Official law source ↗Protection of life and personal liberty
Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.
Official law source ↗Protection against arrest and detention
Sets out safeguards concerning arrest and detention, subject to constitutional exceptions.
Official law source ↗Related procedure
Procedure when investigation cannot be completed in twenty-four hours
Regulates remand and police/judicial custody when investigation is incomplete; key for default-bail analysis.
Earlier-law reference: CrPC 167 · orientation only
Official law source ↗In what cases bail to be taken
Bail in bailable-offence cases and relevant statutory qualifications.
Earlier-law reference: CrPC 436 · orientation only
Official law source ↗Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.