Many people don’t know that the police can arrest without a warrant in certain situations. This can be scary if you’re not aware of your rights. Here’s what you need to know, simply explained.
What’s a Warrant?
A warrant is a legal order from a judge that allows the police to arrest someone. Usually, the police need a warrant. But in some cases, they can arrest you without one. This is explained in Section 41 of the Criminal Procedure Code (CrPC).
When Can Police Arrest Without a Warrant?
The police can arrest without a warrant if:
You’re caught committing a serious crime (like theft, assault, etc.)
The crime you’re involved in is punishable by more than 7 years in jail.
You’re a habitual offender (someone who repeatedly breaks the law).
You missed a court date or refused to appear when asked by the police.
The police think you might run away, destroy evidence, or harm others.
Real-Life Story: Shabana’s Brother
Shabana’s brother was arrested without any clear reason. The police said it was because of a local fight. Her family immediately demanded to know why. They went to the magistrate, who later confirmed there was no reason to arrest him. He was released after a day.
This story shows how knowing your rights can make all the difference.
What Should Police Do Before Arresting You?
Before arresting someone without a warrant, police must:
Explain why you are being arrested.
Fill out a checklist with reasons for the arrest.
Inform a friend or family member about the arrest.
If the arrest isn’t necessary, they should give you a notice to appear in court.
You have the right to ask the police:
“Why am I being arrested?”
“Do you have a warrant?”
Arrest vs. Detention
Detention is just temporary questioning, while arrest means being taken into custody. If you’re arrested, the police must produce you in court within 24 hours.
Helpline Numbers
Police Emergency: 100 or 112
Women’s Helpline: 1091
Childline: 1098
Free Legal Aid: Contact your local legal services authority.
Key Takeaways
“Police cannot arrest you just because they feel like it.”
“Ask why you’re being arrested. It’s your right to know.”
“You have the right to stay silent and call a lawyer.”
Final Thoughts
“Arrest without a warrant is not the norm. The law has strict guidelines.”
Understanding the law is your protection. If you or someone you know is wrongly arrested, you have the right to fight it.