There are two categories of persons who may be arrested without warrant. Section 54 of Cr.P.C enumerates the category of person which can be arrested by any police officer; and section 55 enumerates the second category of person who can arrest by the officer in-charge of police station.

 

WHAT IS ARREST WITHOUT WARRANT:

 

WHO IS EMPOWERED TO ARRESTED PERSON WITHOUT WARRANT?

Any police and

Officer-in-charge of Police Station:

 

CASES AND CONDITIONS WHEN POLICE OFFICER CAN ARREST PERSON WITHOUT WARRANT:

 

WHEN ANY POLICE OFFICER MAY ARREST WITHOUT WARRANT: (SECTION 54)

Section 54 of Cr.P.C enumerated the cases and conditions under which any police officer may without an order from a Magistrate and without warrant arrest the following persons:

 

Person concerned in cognizable offence:

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.

 

Person having possession of any implement of house breaking:

Any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking.

 

Proclaimed offender:

Any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government.

 

Person in whose possession stolen property is found:

Any person 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;

 

Person who obstruct police officer while in execution of his duty:

Any person who obstructs a police-officer while in the execution of his duty or who has escaped, or attempts to escape from lawful custody;

 

Person reasonably suspected of being a deserter from armed forces:

Any person reasonably suspected of being a deserter from the armed forces of Pakistan.

 

Person concerned or reasonably suspected to have concerned in the commission of offence outside the Pakistan:

 

Release convict committed a breach of rule made under Section 565(3):

Any released convict committing a breach of any rule made under section 565, sub-section (3);

 

When commission of offence cannot be prevented: u/sec 151

A police-officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented

 

WHEN POLICE IN-CHARGE OF POLICE STATION MAY ARREST WITHOUT WARRANT: (SECTION 55)

Any officer in charge of a police station may, in like manner, arrest or cause to be arrested:

 

Person taking precautions to conceal his presence with a view to commit cognizable offence:

Any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or

 

Person who has no ostensible means of subsistence:

Any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or

 

Person who is reputed to be a habitual robber, house breaker or thief and etc

Any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put person in fear of injury.

 

ARREST BY PERSON OTHER THAN POLICE OFFICER:

 

Arrest by justice of peace: u/sec 22-A

A justice of peace for any local area has under section 22-A Cr.P.C., the power to make arrest and to exercise for that purpose the powers of police officers under sections 54 and 55 Cr.P.C.

 

Arrets by private person: u/sec 59

Even a private person has power under section 59 Cr.P.C “to arrest any person who is in his view commits a non-bailable offence and cognizable offence, or any proclaimed offender. And without unnecessary delay, shall make over any person so arrested to a police-officer or, in the absence of a police-officer, take such person or causes him to be taken in custody to the nearest police-station.

 

Arrest by Magistrate: u/sec: 64

When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender.

 

 

 

CHECKS AND BALANCES TO PREVENT MISUSE OF THIS UNLIMITED POWER OF POLICE OFFICER WITHOUT WARRANT: (section 60-63)

In order to provide checks and balances on the unfettered power of police officer to arrest the person without warrant code of criminal procedure provide the following procedure to control such powers.

 

After arrest by the police officer the person taken before magistrate without unnecessary delay within 24 hours after the arrest and shall report to the district magistrate and shall only be discharge by executing a bond or through bail or under the special order of Magistrate.

Article 10 of the constitution of Pakistan 1973 also provides safeguard against unlawful arrest and detention of the police officer.