84 7. PETITION ENQUIRIES & REPORTS
8ARREST, SEARCH AND SEIZURE8.1 When Policearrest withoutwarrant?(Sec.41 CrPC)A Police Officer knowing of adesign to commit any cognizableoffence may arrest, withoutorders from a Magistrateand without a warrant theperson so designing, if it appearsto such officer that thecommission of the offence cannotbe otherwise prevented.This arrest by the Police Officeris for preventing the commissionof a cognizable crimeif it cannot be prevented withoutarresting the person.(1) Any Police officer maywithout an order from a Magistrateand without a warrant,arrest any person;(a) who has been involvedin any cognizable offence, oragainst whom a reasonablecomplaint has been made, orcredible information has beenreceived, or a reasonable suspicionexists, of his havingbeen so involved ; or(b) who has in his possessionwithout lawful excuse,any implement of housebreaking;or(c) who has been proclaimedas an offender eitherunder this Code or by orderof the State Government; or(d) in whose possessionanything is found which mayreasonably be suspected tobe stolen property and whomay reasonably be suspectedof having committed an offencewith reference to suchthing; or(e) who obstructs a Policeofficer while in the executionof his duty, or who has escaped,or attempts to escape,from lawful custody; or(f) who is reasonably suspectedof being a deserterfrom any of the Armed Forcesof the Union; or(g) who has been involvedin, or against whom a reasonablecomplaint has beenmade, or credible informationhas been received, or a reasonablesuspicion exists, of hishaving been involved in, anyact committed at any placeout of India which,if committedin India, would have beenpunishable as an offence, andfor which he is, under anylaw relating to extradition, orotherwise, liable to be apprehendedor detained in custodyin India; or(h) who, being a releasedconvict, commits a breach ofany rule made under Sub-Section (5) of Section 356; or(i) for whose arrest anyrequisition, whether writtenor oral, has been receivedfrom another Police officer85provided that the requisitionspecifies the person to be arrestedand the offence or othercause for which the arrest is tobe made and it appears therefrom that the person mightlawfully be arrested without awarrant by the officer who issuedthe requisition.(2) Any officer in charge ofa Police station may, in likemanner, arrest or cause to bearrested any person, belongingto one or more of the categoriesof person specified inSection 109 or Section 110.8.2 Arrest Report(Chapter-IX, Rule-332, PSO)An arrest card in KPF No.14 will be sent by the StationHouse Officer to the Sub DivisionalMagistrate in all casesof arrest without a warrantmade within his jurisdiction.Section 41A of the Codeof Criminal Procedure comesinto play when the arrest of aperson, accused in a criminalcomplaint is not required. i.e.,the criminal cases in which thepunishment of imprisonmentis up to 7 years or below. Insuch cases, the Police may issuenotice to the accused directinghim to appear as requiredfor the investigation.