Search Results on notification for query: "Empowers the Sashastra Seema Bal"
Related Section(s)A police officer may, for the purpose of arresting
without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
(1) If any person acting under warrant of
arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has
entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand
of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all
reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such place is an apartment in the actual occupancy of a female (not being the persons to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. (1) Whenever a person is arrested by a police officer under a warrant which
does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person
arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. The officer or other person making any arrest under this Code may
take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so
taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code
to produce the person arrested.
A police officer may of his own authority interpose to prevent
any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or
injury of any public landmark or buoy or other mark used for navigation.
(1) Any police officer may without an order from a
Magistrate and without a warrant, arrest any person--
1[(a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-- (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary-- (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: 2[Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.] (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. 3[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.]
1. Subs. by Act 5 of 2009, s. 5, for cls. (a) and (b) (w.e.f. 1-11-2010).
2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010). 3. Subs. by Act 5 of 2009, s. 5, for sub-section (2) (w.e.f. 1-11-2010). When the public security is manifestly
endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or
gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his
command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they
may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to
communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the
Magistrate, as to whether he shall or shall not continue such action.
@pre@Every police officer receiving information of a
design to commit any cognizable offence shall communicate such information to the police officer to whom he is
subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such
offence.@/pre@
Every police officer may interpose for the purpose of preventing,
and shall, to the best of his ability, prevent, the commission of any cognizable offence.
(1) Any police officer may seize any
property which may be alleged or suspected to have been stolen, or which may be found under
circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. 1[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, 2[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation], he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:] 3[Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.]
1. Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).
2. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006). 3. Added by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006). (1) A police officer knowing of a design to
commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so
designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force. (1) Any Executive Magistrate or officer in charge of a
police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector,
may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the
public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse
accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.@/pre@ (1) Whenever any place liable to search or
inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on
demand of the officer or other person executing the warrant, and on production of the warrant, allow him
free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 1[41A. Notice of appearance before police officer.-- (1) 2[The police officer shall], in all cases
where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a
notice directing the person against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear
before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 3[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]
1. Ins. by s. 6, ibid. (w.e.f. 1-11-2010).
2. Subs. by Act 41 of 2010, s. 3, for "The police officer may" (w.e.f. 2-11-2010). 3. Subs. by s. 3, ibid. (w.e.f. 2-11-2010). (1) In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by
word or action:
1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.] (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]
1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009).
2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006). (1) When a person is
arrested on a charge of committing an offence of such a nature and alleged to have been committed under such
circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to
the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police
officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to
make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may
afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 1[Explanation.--In this section and in sections 53A and 54,-- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possesses any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.]
1 Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).
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