CrPC Section 55 — Procedure when police officer deputes subordinate to arrest without warrant

Summary

Sub-section (1) applies when a police station officer in charge, or a police officer investigating under Chapter XII, directs a subordinate officer to arrest without a warrant someone who may lawfully be arrested without one, and the arrest is to be made outside the directing officer’s presence. The directing officer must give the subordinate a written order identifying the person and stating the offence or other reason for the arrest. Before making the arrest, the subordinate must tell the person the substance of the order and must show it if the person asks.

Sub-section (2) states that sub-section (1) does not affect a police officer’s power to arrest a person under section 41.

Official Text

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41. 4[

Sections referred to

• CrPC §41 — When police may arrest without warrant

Related Judgments

• THE STATE OF PUNJAB vs AJAIB SINGH AND ANOTHER — Supreme Court of India (1952)
• DELHI ADMINISTRATION vs RAM SINGH — Supreme Court of India (1961)
• RAMDEV FOOD PRODUCTS PRIVATE LIMITED vs STATE OF GUJARAT — Supreme Court of India (2015)

Old <-> New Code Mapping

• BNSS §55 — Procedure when police officer deputes subordinate to arrest without warrant