Arrest is a way by which a person is confined by a police officer or any person is according with law. It may be affected with or without warrant. Criminal Procedure Code has granted police wide power to arrest without warrant. However, it does not mean that this code has given police complete liberty in this regard. So, Cr.P.C enumerates nine categories under which the police may arrest without warrant.
2. Relevant Provisions
Section 54, 55, 56, 57, 58, 59, 64, 65, 151 of Cr.P.C (Criminal Procedure Code)
3.Type of Arrest
Following are the types of arrest
i. Arrest without warrant
ii. arrest with warrant
iii. Citizen arrest
iv. Parole arrest
v. Civil arrest
4. Circumstances under which police or Police officer can arrest any person without warrant
Under following circumstances, police can arrest any person without warrant.
i. Cognizable Offence
Police can arrest any person without warrant when such person has been concerned in ay cognizable offence.
ii. Person in possession of implement of house-breaking
A police officer may arrest any person without a warrant, who is in possession of implement of house-breaking but this can only be made when the police officer have received some definite information about it.
iii. Reasonable Complaint or credible Information or Reasonable Suspicion
Police-officer can arrest any person without warrant if reasonable complaint has been made or credible information has been received or reasonable suspicion exists against this person that he has been concerned in any cognizable offence.
iv. Proclaimed Offender
A police officer may arrest any person without warrant against whom a proclamation have been duly published.
v. Possession of Stolen Property
Police can arrest any person without warrant when such person has possession of anything, which can reasonably be suspected to be stolen property.
vi. Deserter from Army forces
Police can arrest any person without warrant when it is reasonably suspected that such person is a deserter from armed forces of Pakistan.
vii. Escape from lawful custody
Police officer can arrest person without warrant if such person has escaped or attempts to escape from lawful custody.
viii. Obstruction of execution of duty of Police-officer
Police can arrest any person without warrant when such person obstructs police officer in execution of his duty.
ix. Commission of offence with reference to stolen property
Police officer can arrest any person without warrant it can reasonably be suspected against such person that he has committed an offence with reference to that thing, which can reasonably be suspected to be stolen property.
x. Commission of Breach of Rule made under section No.565 93) of Cr.P.C
Police can arrest any released convict without warrant when such convict commits breach of any rule, which has been made under Section No. 565 (3) of criminal Procedure Code.
xi. Requisition for arrest
Police officer can arrest any person without warrant if requisition for arrest of such person has been received from another police officer. However, it is necessary that such requisition should specify person to be arrested and offence or other cause for arrest, and it should appear from such requisition that officer, who issues such requisition, could lawfully arrest such person without warrant.
xii. Vagabounds, Habitual Robbers, etc
Police can arrest vagabounds, habitual robbers, etc without warrant.
To conclude, it can be stated that it is not necessary that police or police officer should only make arrest without warrant. In fact, Criminal Procedure Code has provided that arrest without warrant can also be made by private person or magistrate.