Fact Check: New Law Allows Police To Arrest Without A Warrant For Serious Crime, A Provision Already Included In CrPC

New Delhi (Vishvas News). As of July 1, 2024, three new criminal laws, Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and India Evidence Act 2023 have come into force in the country, replacing the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act 1872. Along with this, several posts are going viral on social media regarding this. In a similar post, it is claimed that the police can now arrest any person for 24 hours without giving any reason. Users are sharing this information to target the current government.

In its investigation, Vishvas News discovered that the police can arrest or detain someone without a warrant only in cases of cognizable crimes. This does not apply to non-cognizable crimes, where a warrant is required for arrest. There was also a provision in the CrPC that in cases of cognizable crimes, the police could arrest or detain someone without a warrant. The viral claim on social media is misleading.

What is the viral post?

On July 1, 2024, Facebook user Mehta Surya Prakash (archive link) shared NDTV’s breaking plate and posted,

“From today, the police will be able to arrest any person for 24 hours without giving any explanation. ‘Black day’ for democracy”

NDTV’s breaking plate reads, first case under the new criminal law, case registered against a street vendor in Delhi under the new law.

Investigation

To investigate the viral claim, we reviewed the press release uploaded on July 1, 2024, on the Press Information Bureau’s website. The press release issued by the Home Ministry states that Union Home Minister Amit Shah held a press conference in New Delhi regarding three new criminal laws. Shah announced that three new criminal laws have come into force nationwide from July 1, 2024, prioritising justice over punishment and ensuring speedy trial and justice. He also emphasised the protection of victims’ rights and introduced new laws, such as Zero-FIR, E-FIR, and digital chargesheets with a time limit for completing all the processes. Shah also mentioned that justice could be sought up to the Supreme Court within three years of filing the FIR.

According to the copy of BNSS 2023 uploaded on the UP Police website, police can arrest without a warrant in cases of cognizable offences, whereas, in non-cognizable crimes, a warrant is required for arrest.

According to Section 170 (1) of the BNSS, a police officer may arrest a suspect without a warrant or a magistrate’s order if they are aware of a plan to commit a cognizable offence and believe that the offence cannot be prevented otherwise.

Section 2 of this Act states that no person arrested under sub-section (1) shall be detained for more than 24 hours unless further detention is required or authorised under another provision of this Code or any other law currently in force.

On July 1, 2024, a post from the X handle of PIB Hindi informed that Section 170 of the BNSS mandates that when the police arrest to prevent a cognizable offence, the detention period should not exceed 24 hours. The arrested person can be presented before any magistrate, irrespective of their jurisdiction. The police cannot detain the person for more than 24 hours without providing any reason.

Supreme Court lawyer Ashwani Dubey explains that in serious criminal cases, the police can detain or arrest someone without a warrant. For example, if the police anticipate a potential riot or uproar, then they can detain someone to prevent the violence. This is called preventive detection and does not apply to all cases. This provision is not new; it was previously covered in Section 149 of the CrPC.

According to the information provided on the ‘century law firm’  portal, Section 149 of the CrPC specifically deals with the powers and responsibilities of police officers in preventing cognizable offences. Section 149 emphasises the active role of the police in crime prevention. It mandates that every police officer has the right to intervene to prevent cognizable offences, in which a police officer can arrest without a warrant.

The Goa Police website states that cognizable offences are usually serious, while non-cognizable offences are less serious.

This indicates that in cognizable offences, the police can arrest a suspect without a warrant, however, in case of a non-cognizable offence, the police need a warrant for arrest.

In the case of DK Basu and the State of Bengal, the Supreme Court issued the guidelines for arrest. According to this,

– The police arresting or detaining the person should have a nameplate and uniform revealing the name and identity of the officer.

– The arrest memo made during the arrest must be signed by a witness, who can either be a relative of the arrested person or a respected person from the area. Additionally, it should also include the signature of the arrested person along with the date and time.

– A friend or relative of the arrested person will be informed about his arrest or detention as soon as possible.

– If the person requires a medical examination, the police must facilitate it.

– The arrested person should undergo a medical examination by a qualified doctor every 48 hours.

– The person will be allowed to meet his lawyer during interrogation.

The user spreading the misleading claim is associated with a political party and resides in Delhi.

Conclusion: Under the Indian Civil Defence Code, the police can arrest or detain a suspect without a warrant in a cognizable offence. However, arrests cannot be made without a warrant for non-cognizable offences.

Tags

• CrPC
• Indian Penal Code
• IPC