Can police arrest a person without a warrant?

Yes, under Indian law, police officers have the power to arrest a person without a warrant in specific circumstances defined by law. This is known as a non-warrant arrest or arrest without warrant, and it applies mainly when there is urgency or when the offence is considered serious. The conditions for such arrests are clearly set out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the old Code of Criminal Procedure.

Key Points

• Police can arrest without a warrant if a person is suspected of committing a cognizable offence — these are serious offences such as murder, robbery, rape, or theft.
• A person can be arrested without a warrant if they are found committing an offence in the presence of a police officer.
• Arrest without warrant is permitted if a person is a proclaimed offender, has escaped from lawful custody, or is in possession of stolen property.
• Even without a warrant, the police must inform the arrested person of the grounds of arrest and their right to consult a lawyer.
• The arrested person must be produced before a magistrate within 24 hours of arrest, excluding travel time.

Relevant Law

The primary law governing arrest without warrant is Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which lists the specific circumstances for warrantless arrests. Rights of the arrested person are protected under Sections 47 and 48 of the BNSS, 2023, and Article 22 of the Constitution of India.

What You Can Do

• If you believe an arrest was unlawful, contact a criminal defence lawyer in Ludhiana immediately to assess your options.
• File a complaint against police misconduct with the Punjab Police Complaints Authority or the State Human Rights Commission, Punjab.
• Apply for bail before the competent magistrate or sessions court in Ludhiana at the earliest opportunity.
• You may also approach the Punjab and Haryana High Court for a writ of habeas corpus if detention is found to be illegal.