Explanation of Types of Arrest in India , there are two types of arrests: Cognizable and Non-Cognizable arrests.
A cognizable offense is a serious offense in which the police have the power to arrest a person without a warrant. This type of arrest is made when the police have reasonable grounds to believe that the person has committed a cognizable offense. Examples of cognizable offenses include murder, rape, theft, and kidnapping.
A Non-Cognizable offense is a minor offense for which the police cannot arrest a person without a warrant. This type of arrest is made when the police have reasonable grounds to believe that the person has committed a non-cognizable offense. Examples of non-cognizable offenses include minor traffic violations, petty theft, and defamation.
Right of arrest under CrPC
The Code of Criminal Procedure (CrPC) in India lays down the procedures and safeguards for the arrest and detention of individuals by law enforcement agencies. The right of arrest under the CrPC is subject to certain legal limitations and procedures, which are aimed at protecting the rights of individuals.
Arrest with a Warrant
Under the CrPC, a police officer may arrest a person with a warrant, which is a written order issued by a magistrate or judge directing the police to arrest the person named in the warrant. The warrant must be based on the grounds that there is sufficient evidence to suggest that the person has committed an offense, and the police need to arrest them in order to bring them to court.
Arrest without a Warrant
In certain situations, the police may also arrest a person without a warrant, if they have reasonable grounds to believe that the person has committed a cognizable offense. The circumstances in which a person can be arrested without a warrant include:
- If the person is caught committing an offense.
- If the person is about to commit an offense.
- If the person has committed an offense and is likely to flee the jurisdiction.
- If the person has committed an offense and is likely to tamper with evidence or influence witnesses.
Protections against Arbitrary Arrest
The CrPC provides several safeguards to protect the rights of individuals against arbitrary arrests. For example, Section 50 of the CrPC guarantees the right to be informed of the grounds of arrest, to consult a legal practitioner, and to be produced before a magistrate within 24 hours of the arrest.
Additionally, the police are required to follow specific procedures, such as informing the arrested person of their rights and recording the arrest in writing, which must be signed by an independent witness. Failure to follow these procedures can result in disciplinary action against the police officer.
Under the CrPC, an arrested person has the right to apply for bail, which is the temporary release of the person from custody, subject to certain conditions. The granting of bail is at the discretion of the court, which takes into account factors such as the nature of the offense, the severity of the punishment, and the likelihood of the person fleeing or tampering with evidence.
CONCLUSION of the Explanation of Types of Arrest
It’s important to note that even in the case of cognizable offenses, the police must follow certain procedures before making an arrest. For example, they must inform the person of the grounds for their arrest, read them their rights, and produce a memo of the arrest, which is signed by an independent witness.
Additionally, the police must produce the arrested person before a magistrate within 24 hours of the arrest, and the person has the right to legal representation.