Section 41 of CrPC : Section 41: When Police May Arrest Without Warrant

Explanation using Example

Imagine a scenario where a local police patrol witnesses a person vandalizing public property, which is a cognizable offence. The officer can immediately arrest the individual under Section 41(1)(a) of The Code of Criminal Procedure, 1973, as the offence is being committed in their presence.

In another instance, suppose a police officer receives a credible tip that a person has been involved in a burglary, a cognizable offence punishable with imprisonment up to seven years. If the officer believes the arrest is necessary to prevent the suspect from committing further crimes, tampering with evidence, or fleeing, they can arrest the suspect under Section 41(1)(b) after recording their reasons for the arrest in writing.