24/01/2026
✅ *CASES IN WHICH A POLICE OFFICER CAN ARREST WITHOUT WARRANT*
📌 *1. Offence Committed in Presence of Police [Section 35(1)(a)]*
A police officer may arrest a person without a warrant if that person commits a cognizable offence in the presence of the police officer. Since the offence happens before the officer’s eyes, no warrant or Magistrate’s order is required.
📌 *2. Cognizable Offence Punishable up to 7 Years [Section 35(1)(b)]*
• If a reasonable complaint is made, or credible information is received, or reasonable suspicion exists that a person has committed a cognizable offence punishable with imprisonment up to 7 years or less, the police officer may arrest such person without a warrant.
• However, arrest can be made only if the police officer believes that the person has committed the offence and is satisfied that the arrest is necessary for one or more of the following reasons:
- To prevent the person from committing any further offence, or
- For proper investigation of the offence, or
- To prevent the person from tampering with evidence or making it disappear, or
- To prevent the person from threatening, inducing, or promising any witness so as to stop them from giving true information to the police or the court, or
- To ensure the presence of the accused in court whenever required.
• The police officer must record the reasons in writing for making such an arrest. If the police officer decides not to arrest, the reasons for not making the arrest must also be recorded in writing.
• These safeguards were added to prevent unnecessary and arbitrary arrests, following the Supreme Court guidelines in *Joginder Kumar v. State of U.P*. and later affirmed in Social Action Forum for Manav Adhikar v. Union of India. The Supreme Court clearly stated that arrest should not be made routinely on mere allegations, and there must be reasonable satisfaction about the genuineness of the complaint and the need for arrest.
📌 *3. Offences Punishable with Death, Life Imprisonment or More Than 7 Years [Section 35(1)(c)]*
If a person is accused of committing a cognizable offence punishable with death, life imprisonment, or imprisonment exceeding 7 years, and the police officer has reason to believe, based on credible information, that the person has committed such offence, the police officer may arrest him without a warrant.
📌 *4. Proclaimed Offender [Section 35(1)(d)]*
A person who has been declared a proclaimed offender either under the Sanhita or by an order of the State Government may be arrested without a warrant.
📌 *5. Possession of Stolen Property [Section 35(1)(e)]*
If a person is found in possession of property that is reasonably suspected to be stolen, and the person is also reasonably suspected of having committed an offence related to that property, the police officer may arrest such person without a warrant.
📌 *6. Obstruction of Police or Escape from Custody [Section35(1)(f)]*
A police officer may arrest a person without a warrant if the person:
- Obstructs a police officer while the officer is performing his lawful duty, or
- Has escaped or is attempting to escape from lawful police custody.
📌 *7. Deserter from Armed Forces [Section 35(1)(g)]*
If a person is reasonably suspected of being a deserter from any of the Armed Forces of the Union, he may be arrested by a police officer without a warrant.
📌 *8. Offence Committed Outside India [Section 35(1)(h)]*
A police officer may arrest a person without a warrant if a reasonable complaint is made or credible information is received that the person has committed an act outside India which is an offence in India and for which the person is liable to be arrested under extradition laws.
📌 *9. Breach of Rules by a Released Convict [Section 35(1)(i)]*
If a person, who is a released convict, violates any rule made under Section 394(5) of the Sanhita, such person may be arrested by a police officer without a warrant.
📌 *10. Arrest on Requisition from Another Police Officer [Section 35(1)(j)]*
A police officer may arrest a person without a warrant if he receives an oral or written requisition from another police officer, provided that:
- The requisition clearly specifies the person to be arrested,
- The offence or reason for arrest is mentioned, and
- It appears that the person could lawfully be arrested without a warrant by the officer making the requisition.
📌 *11. Refusal to Disclose Name or Address [Section 39]*
Even in a non-cognizable offence, if a person refuses to give his name or address, or gives a false name or address, a police officer may arrest such person without a warrant. The arrest is valid only until the correct name and address are ascertained.
📌 *12. Preventing the Commission of a Cognizable Offence [Section 170]*
A police officer is empowered to arrest a person without a warrant if the officer believes that the person is planning or designing to commit a cognizable offence, and arrest is necessary to prevent the commission of that offence.
📌 *13. Breach of Conditions of Suspension or Remission of Sentence [Section 473]*
If a person whose sentence has been suspended or remitted by the State Government violates the conditions imposed by the Government, the police officer may arrest such person without a warrant.
