Amended

Section41
of Cr P C
 Law of arrest redefined
 Changes in the law of arrest
u/s 41 Cr PC.
 Fetters imposed on powers
to arrest without warrant.
New arrest provisions in force
w.e.f 31.12.2009

Source :- Wisdom of the

legislature and Hon’ ble
Supreme Court’s
directions/suggestions in
various cases
Previously :-
In cognizable offence police
may arrest without warrant.
Presently:-
Arrest restricted -only under
certain conditions
Conditions of arrest without
warrant -

 If offence punishable upto 7 years

or more.
 If committed in police presence.
 If not arrested then further crime
may be committed.
Contd…
 Threat of tampering of
evidence
 Threat to relevant witness
 To ensure presence of
accused in courts
Other ground arrest without
warrant –
-Proclaimed offender
-Deserter from armed forces
-Liable to be extradited
-Wanted in other cases of arrest
without warrant
-Obstructs police work
-Escapes from custody
What to do when accused is not
to be arrested
- Issue notice of appearance as
& when required
- If non-compliance, empowers
arrest
Recent Directions of Supreme Court on
Arrest
State Governments to instruct its
Police Officers not to arrest in cases
u/Section 498-A IPC, but to satisfy
themselves about use of Section 41
Cr.P.C.
Checklist to provided to IOs as per
Section 41 (1) (b) (ii) Cr.P.C.
Recent Directions of Supreme Court
contd.......
Duly filled in checklist to be forwarded by
IOs to Magistrate, along with the arrested
accused.
Detention of the accused to be authorised
by the Magistrate, if he is satisfied from the
checklist.
Decision of not arresting the accused to be
forwarded to the Magistrate within 2 weeks
of the Institution of the Case.
Recent Directions of Supreme Court
contd.......
Notice of Appearance to accused; in
terms of Section 41-A; be served upon
within 2 weeks form the Institution of the
Case.
This period of 2 weeks can be extended
further by DCP concerned in writing.
Failure of these directions by IOs will
lead to Departmental Action and Contempt
of Court.
DOs- At the time of arrest

• Record reasons in abnormal arrest

• Police to wear name plate
• Arrest memo attested by public &
signed by accused
• Inform family of accused
Right of Arrested Person
Police to recognize that
accused has a Right to
consult his Advocate
during interrogation
Thanks