Under Section 59, who may arrest a person committing a non-bailable and cognizable offence in his view?

Section 59 of the Criminal Procedure Code (CrPC) 1898 provides that any private person has the legal authority to arrest an individual who is committing a non-bailable and cognizable offence in their presence. This section recognizes the need for immediate action to prevent crime, especially in situations where police may not be immediately available. A cognizable offence is one in which the police have the authority to investigate without prior approval from a magistrate, and non-bailable offences are serious crimes for which bail is not a matter of right.

The law empowers ordinary citizens to act as a safeguard for public order, ensuring that offenders cannot evade arrest simply because a police officer is not present. Once the private person arrests the offender, the individual must be handed over to the nearest police officer or authority promptly to maintain legality and prevent abuse of power. This ensures that while private citizens can take immediate action, the responsibility of lawful custody and further legal proceedings remains with the police.

This provision highlights the balance between civic responsibility and legal authority, encouraging citizens to contribute to law enforcement while maintaining proper procedural safeguards. It is important to note that Section 59 does not authorize citizens to arrest for minor offences, bailable offences, or without witnessing the crime, ensuring that powers are used appropriately and judiciously.

Key Facts:

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  Section 59 allows any private person to arrest someone committing a non-bailable and cognizable offence in their view.

  
  


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  Ensures immediate action when police are not present.

  
  


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  Offender must be handed over to nearest police officer after arrest.

  
  


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  Applies only to cognizable and non-bailable offences.

  
  


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  Empowers citizens while maintaining legal safeguards.

  
  


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  Supports public order and law enforcement efficiently.