X, a Police Officer comes to know from reliable sources that four persons are staying in a house and are planning to kidnap and murder Mohan. He also has information that they possess automatic weapons. The Police Office

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X, a Police Officer comes to know from reliable sources that four persons are staying in a house and are planning to kidnap and murder Mohan. He also has information that they possess automatic weapons. The Police Officer apprehends that they will commit the crime at any moment. He directly goes to that house and without any warrant or order from the Metropolitan Magistrate, arrests all the four persons along with weapons in their possession. Is the arrest of all the four persons valid?

Answer & Explanation:

Section 2(c) of the Criminal Procedure Code, 1973 defines cognizable offences. Cognizable offence means a case in which, a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force. Cognizable offences are usually offences which are serious in nature like, Murder, Rape, Dowry, Kidnapping etc. In the given case, all four persons are planning to kidnap and murder Mohan, which is in nature of cognizable offence, hence arrest of all four persons is valid according to section 2 (c) of the Criminal Procedure Code, 1973. As per section 156 of Criminal Procedure Code 1973, a police officer may, without an order of the Magistrate, investigate any cognizable case. Thus on the basis of the first information report and other materials placed before the Police, if there is a suspicion that a cognizable offence has been committed, the Police Officer may arrest without any warrant.

Topics: Criminal Procedure

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