Question

Under which of the following sections of the Code of Criminal Procedure, police can arrest an accused without warrant?

• A. Section 40
• B. Section 41
• C. Section 42
• D. Section 37

Hint:

For CrPC, the sections related to arrest (41-60A) are extremely important. Pay special attention to Section 41 (when police can arrest without warrant), 41A (Notice of appearance), 41B (Procedure of arrest), and 50 (Rights of arrested person).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the main provision in the Code of Criminal Procedure (CrPC) that grants the police the power to arrest a person without a warrant from a Magistrate.

Step 2: Key Legal Provision:
Chapter V of the CrPC deals with the "Arrest of Persons."

Step 3: Detailed Explanation:
- Section 41 of CrPC is titled "When police may arrest without warrant." This section lists several circumstances under which a police officer may arrest a person without a warrant. The most common ground is when a person commits a cognizable offence in the presence of a police officer, 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 cognizable offence. This is the primary and most comprehensive section dealing with this power.
- Section 42 of CrPC allows a police officer to arrest a person who commits a non-cognizable offence in their presence and refuses to give their name and address. This is a very specific power.
- Section 40 of CrPC deals with the duty of officers employed in connection with the affairs of a village to make certain reports.
- Section 37 of CrPC deals with the duty of the public to assist Magistrates and police.
While Section 42 also allows arrest without a warrant in a specific situation, Section 41 is the principal section that lays down the general powers of the police to arrest without a warrant, especially in cases of cognizable offences.

Step 4: Final Answer:
Police can arrest an accused without a warrant under the provisions of Section 41 of the CrPC.