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Q: Is it possible to arrest without a WARRANT in India?

A: YES. 

Under the new Indian Law, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the CrPC, a police officer can arrest a person without a magistrate's order or a warrant under the following conditions: 

1. Committing a Cognizable Offence: If a person commits a cognizable offence in the presence of a police officer. 

2. Reasonable Complaint or Suspicion: If there is a reasonable complaint, credible information, or reasonable suspicion that a person has committed a cognizable offence. 

3. Proclaimed Offender: If a person has been proclaimed as an offender under the BNSS or by an order of the State Government. 

4. Possession of Stolen Property: If a person is found in possession of something that is reasonably suspected to be stolen property. 

5. Obstructing Police Duty: If a person obstructs a police officer in the execution of their duty, or if the person has escaped or attempts to escape from lawful custody.

Q: Is it possible to arrest without a WARRANT in India?
Concept Advocates | Business Consultants LLC 16 जुलाई 2024
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