July 11, 2019:
Police has powers to arrest a person even without any warrant from a Magistrate. However, police exercise this power more in breach of the settled law. It is revealed in the Parliament that Delhi Police has arrested 50433 persons within 5 months in this year without taking any warrant from Magistrate.
Government was responding in the Parliament to a question raised by SHRI TIRUCHI SIVA.
Government answered "The situations under which Police may arrest without warrant have been enumerated in extenso in Section 41(1) (Chapter-V) of The Code of Criminal Procedure, 1973 (CrPC). Section 41(2) of the Code also lays down the circumstances under which arrests cannot be made except under a warrant or an order of a Magistrate. Accordingly, CrPC clearly defines the situations under which arrests can be made with or without a warrant".
Then the Government provided data of Delhi Police regarding arrests.
Read the Government response here:
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