Section 35. When police may arrest without warrant
(1)
Any police officer may without an order from a
Magistrate and without a warrant, arrest any person—
Magistrate and without a warrant, arrest any person—
(a)who commits, in the presence of a police officer, a cognizable offence; or
(b)against whom a reasonable complaint has been made, or credible information has been received,
or a reasonable suspicion exists that he has committed a cognizable offence punishable with
imprisonment for a term which may be less than seven years or which may extend to seven years
whether with or without fine, if the following conditions are satisfied, namely:—
(i)the police officer has reason to believe on the basis of such complaint, information, or
suspicion that such person has committed the said offence;
(c)against whom credible information has been received that he has committed a cognizable
offence punishable with imprisonment for a term which may extend to more than seven years whether
with or without fine or with death sentence and the police officer has reason to believe on the basis of
that information that such person has committed the said offence; or
(d)who has been proclaimed as an offender either under this Sanhita or by order of the State
Government; or
(e)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; or
(f)who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts
to escape, from lawful custody; or
(g)who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(h)who has been concerned in, or against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists, of his having been concerned in, any
act committed at any place out of India which, if committed in India, would have been punishable as
an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India; or
(i)who, being a released convict, commits a breach of any rule made under sub-section (5) of
section 394; or
(j)for whose arrest any requisition, whether written or oral, has been received from another police
officer, provided that the requisition specifies the person to be arrested and the offence or other cause
for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested
without a warrant by the officer who issued the requisition.
(2)
Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against
whom a complaint has been made or credible information has been received or reasonable suspicion exists
of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
whom a complaint has been made or credible information has been received or reasonable suspicion exists
of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(3)
The police officer shall, in all cases where the arrest of a person is not required under
sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists that he has committed a cognizable
offence, to appear before him or at such other place as may be specified in the notice.
sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists that he has committed a cognizable
offence, to appear before him or at such other place as may be specified in the notice.
(4)
Where such a notice is issued to any person, it shall be the duty of that person to comply with the
terms of the notice.
terms of the notice.
(5)
Where such person complies and continues to comply with the notice, he shall not be arrested in
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the
opinion that he ought to be arrested.
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the
opinion that he ought to be arrested.
(6)
Where such person, at any time, fails to comply with the terms of the notice or is unwilling to
identify himself, the police officer may, subject to such orders as may have been passed by a competent
Court in this behalf, arrest him for the offence mentioned in the notice.
identify himself, the police officer may, subject to such orders as may have been passed by a competent
Court in this behalf, arrest him for the offence mentioned in the notice.
(7)
No arrest shall be made without prior permission of an officer not below the rank of
Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than
three years and such person is infirm or is above sixty years of age.
Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than
three years and such person is infirm or is above sixty years of age.