Section 55 of The Code of Criminal Procedure, 1973
- (1)When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
- (2)Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.
Summary
- Outlines the procedure for a senior police officer to depute a subordinate to make an arrest without a warrant.
- Requires the senior officer to provide an order in writing to the subordinate officer tasked with the arrest.
- Mandates that the writing must specify the identity of the person to be arrested and the reason for the arrest.
- Requires the subordinate officer to tell the person about the order and show it to them if they request to see it.
- Ensures that these specific rules do not limit the general power of any police officer to arrest under Section 41.
FAQ
1. Can a senior officer just tell a subordinate to arrest someone without a warrant under Section 55 of the Code of Criminal Procedure, 1973?
No, Section 55 of the 1973 Code requires the senior officer to deliver a written order to the subordinate before the arrest is made.
2. What must be written in the arrest order under Section 55 of the Code of Criminal Procedure, 1973?
The written order must specify the person to be arrested and the offence or other cause for the arrest under Section 55 of the 1973 Code.
3. Does a subordinate officer have to show the arrest order to the suspect under Section 55 of the Code of Criminal Procedure, 1973?
Yes, Section 55 of the 1973 Code states that the officer must show the order to the person if they require it.
Test yourself
Q1.Under Section 55 of The Code of Criminal Procedure, 1973, what must a senior officer provide to a subordinate when ordering an arrest?
Q2.According to Section 55 of The Code of Criminal Procedure, 1973, what must the subordinate officer do before making the arrest?
Q3.Does Section 55 of The Code of Criminal Procedure, 1973 restrict the general power of arrest under Section 41?
Q4.Under Section 55 of The Code of Criminal Procedure, 1973, which senior officers can depute a subordinate to arrest without a warrant?