When can any private person or Magistrate arrest any person? Describe the procedure for such an arrest.

Question: When can any private person or Magistrate arrest any person? Describe the procedure for such an arrest. [U.P.C.J. 1997, RJS 2014, UPCJ 2012]

Find the answer to the mains question only on Legal Bites. [When can any private person or Magistrate arrest any person? Describe the procedure for such an arrest.]

Answer

An arrest can be made by a police officer, magistrate, or any private person, like you, and I but the arrest should be made in accordance with the process mentioned under CrPC.

A Police Officer is authorized to arrest a person with a warrant and without a warrant. Any private individual may arrest a person only when the person is a proclaimed offender and the person commits a non-bailable offence and cognizable offences in his presence (Section 43). Any magistrate (whether Executive or Judicial) may arrest a person without a warrant (Section 44).

Section 43 lays down the process of arrest by a private person:

• Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence or any proclaimed offender, and, without unnecessary delay, shall makeover or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
• If there is reason to believe that such a person comes under the provisions of section 41, a police officer shall re-arrest him.
• If there is reason to believe that he has committed a non-cognizable offence and he refuses on the demand of a police officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

The words 'in his presence' clearly indicate that the crime must have been committed before his eyes. These words cannot be read as 'in his opinion' or on 'suspicion' or on 'information' or on 'belief'. Such knowledge, therefore, must be personal knowledge. [Abdul v. State, 1974 CrLJ 248]

Section 44 lays down the procedure of arrest by the magistrate:

1. When an offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
2. Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

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