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1. ARREST WITHOUT WARRANT UNDER THE CODE OF
CRIMINAL PROCEDURE
Presented
by
Irin Akter Asha

2. Contents:
1. Introduction
2. Arrest how made?
3. Grounds of arrest without warrant
4. The Recommendations of Blast v Bangladesh 55 DLR (Rubel
Killing Case)
ARREST WITHOUT WARRANT

3. ARREST WITHOUT WARRANT
1. Introduction
Arrest means the apprehension or restraint or deprivation of a person’s
personal liberty to go where he pleases.
In the legal sense, the word arrest means tasking someone into the
custody of police or court under the authority of law for the purpose of
holding or detaining him to answer a criminal charge or preventing the
commission of a crime.
In other words, arrest means the restraining of the liberty of a person
either;
a) To compel him obedient to the order of a court.
b) To prevent him from committing a crime
c) To ensure that a person charged or suspected of a crime may be
forthcoming to answer to it.

4. ARREST WITHOUT WARRANT
2. Arrest how made?
According to section 46 of the Code of Criminal Procedure arrest can be made in the
following ways:
a) If the person who is to be arrested submits himself to the custody of the person
making the arrest by word or action.
b) If the police officer or other person making an arrest confines the body of the
person to be arrested.

5. ARREST WITHOUT WARRANT
3. Grounds of arrest without warrant
Generally, a person shall be arrested when a warrant of arrest has been issued against him by a
competent Magistrate or a Court of Law. However under the authority given in section 54 of the
code of criminal procedure a police officer can arrest a person without an order from a
Magistrate and without a warrant on the following grounds:
i. Information of more serious offense- if such person has been concerned in any
cognizable offense or against whom a reasonable complaint has been made or credible
information has been received, or a reasonable suspicion exists of his having been so
concerned; or
ii. Instrument of House Breaking- if such person has in his possession without lawful
excuse, the burden of proving which excuse shall lie on such person, any implement of
house breaking; or
iii. Proclaimed offender- if such person has been proclaimed as an offender either under this
Code or by order of the Government; or

6. ARREST WITHOUT WARRANT
3. Grounds of arrest without warrant
iv. Stolen Property- if such person in whose possession anything is found which may
reasonably be suspected to be stolen property and who may reasonably be
suspected of having committed an offense with reference to such thing; or
v. Obstruct- if such person obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape, from lawful custody; or
vi. Desert from the army- if such a person is reasonably suspected of being a deserter
from the armed forces of Bangladesh; or
vii. Extradition- if such person has been concerned in, 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 act committed at any place
out of Bangladesh, which, if committed in Bangladesh, would have been punishable
as an offense, and for which he is, under any law relating to extradition or under the
Fugitive Offenders Act, 1881, or otherwise, liable to be apprehended or detained in
custody in Bangladesh; or
viii. Released convict- If any released convict committing a breach of any rule made
under section 565, sub-section (3); or
ix. Another police station- If the order has been received whether in writing or oral,
from another police station that such person is to be arrested and specify that he has
committed such offence.

7. ARREST WITHOUT WARRANT
4) The Recommendations of Blast v Bangladesh 55 DLR (Rubel Killing Case)
i. No Police officer shall arrest anyone under Section 54 for the purpose of detention
under Section 3 of the Special Powers Act, 1974
ii. A police officer shall disclose his/her identity and show his/her ID Card on demand to
the person arrested or those present at the time of the arrest
iii. A record of reasons for arrest and other particulars shall be maintained in a separate
register till a special diary is prescribed
iv. The concerned officer shall record reasons for marks of injury, if any, on the person
arrested and take him/her to the nearest hospital or government doctor
v. The person arrested shall be furnished with reasons for arrest within three hours of
bringing him/her to the Police Station
vi. If the person is not arrested from his/her residence or place of business, the relatives
should be informed over the phone or through messenger within one hour of bringing
him/her to Police Station
vii. The person concerned must be allowed to consult a lawyer of choice or meet the nearest
relations

8. ARREST WITHOUT WARRANT
4. The Recommendations of Blast v Bangladesh 55 DLR (Rubel Killing Case)
viii. While producing the detained person before the Magistrate under Section 61 of the CrPC, the police officer
must forward reasons in a forwarding letter under Section 167 (1) of the CrPC 2 as to why the investigation
could not be completed within twenty-four hours and why s/he considers the accusation and information to
be well founded
ix. On perusal of the forwarding letter, if the Magistrate satisfies him/herself that the accusation and information
are well founded and materials in the case diary are sufficient for detaining the person in custody, the
Magistrate shall pass an order of detention and if not, release him/her forthwith
x. Where a person is released on the aforesaid grounds, the Magistrate shall proceed under 190(1)(c) of the
CrPC against the Officer concerned under Section 220 of the Penal Code.
xi. Where the Magistrate orders detention of the person, the Officer shall interrogate the accused in a room in
jail until a room with a glass wall or grille on one side within sight of lawyer or relations is constructed
xii. In any application for taking the accused in custody for interrogation, reasons should be mentioned as
recommended
xiii. The Magistrate while authorizing detention in police custody shall follow the recommendations laid down in
the judgment
xiv. The police officer arresting under Section 54, or the Investigating Officer taking a person to custody or the
jailor must inform the nearest Magistrate about the death of any person in custody in compliance with these
recommendations
xv. The Magistrate shall inquire into the death of any person in police custody or jail as per the
recommendations.

9. Thank You