Under Section 54(1), when may a police officer arrest a person without a warrant?

Section 54(1) of the Criminal Procedure Code (CrPC) 1898 empowers a police officer to arrest a person without a warrant if the individual is involved in a cognizable offence. Cognizable offences are those crimes for which the police can register a case, investigate, and take immediate action without prior approval from a Magistrate. These typically include serious crimes such as murder, robbery, kidnapping, or sexual offences.

The rationale behind this provision is to enable prompt law enforcement and prevent delays that could allow the accused to escape, destroy evidence, or commit further offences. By allowing arrest without a warrant in such cases, the law ensures swift action to maintain public safety and enforce justice efficiently.

It is important to note that this power is limited to cognizable offences. For non-cognizable offences, police must first obtain approval from a Magistrate before making an arrest. This distinction helps protect citizens’ rights while ensuring that serious crimes are addressed urgently.

After making a warrantless arrest, the police are required to follow legal procedures, such as informing the arrested person of the grounds for arrest, producing them before the Magistrate within 24 hours, and maintaining proper records. This balances the need for rapid action with accountability and the protection of individual rights.

Key Facts:

• Relevant Law: Section 54(1) of the Criminal Procedure Code (CrPC) 1898


• When Applicable: Cognizable offences only


• Purpose: Allows prompt police action to prevent escape or further crime


• Limitations: Cannot be applied to non-cognizable offences without Magistrate approval


• Procedure After Arrest: Inform grounds, produce before Magistrate within 24 hours


• Significance: Balances law enforcement efficiency with protection of citizens’ rights


• Examples of Cognizable Offences: Murder, robbery, kidnapping, sexual offences