When can police make an arrest without warrant ?

An arrest may be made with or without a warrant. Most arrests by police are made without a warrant.

Arrest without a warrant
cognizable offence
A cognizable offence is one in which the police is empowered to register a FIR, investigate and arrest an accused involved in cognizable crime without a court warrant. As defined in Cr.PC, a non-cognizable offence is one in which police can neither register a First Information Report (FIR) nor can investigate or effect arrest without the express permission or directions from the court. 
Murder, robbery, theft, rioting, and counterfeiting are some examples of cognizable offences.on-cognizable offences are those criminal infractions, which are relatively less serious. Examples of non-cognizable offences include public nuisance, assault and mischief. The police cannot register criminal cases or cause arrests with regard to non-cognizable offences. In all such cases, the police have to secure permission from a magistrate or judge for registration of a criminal case.


 A Police Officer Can Arrest A Person Without Warrant In The Following Circumstances:-
1. When The Person Has Been Concerned In Any Congnizable Offence, Or When A Reasonable Complaint Or A Credible Information Has Been Received By The Police Officer About The Commission Of A Non-Cognizable Offence By That Person Or When The Police Officer Has The Reasonable Suspicion About The Offence Committed By The Person.
2. When A Person Commits The Offence Of House Breaking.
3. When A Person Is Proclaimed As An Offender By The Competent Authority.
4. When A Person Is Suspected To Be In Possession Of Stolen Property And Is Suspected Of Having Committed An Offence Concerning The Property In His Possession.
5. When One Obstructs A Police Officer While He Executes His Duty Or When One Has Escaped Or Attempts To Escape From Lawful Custody.
6. When There Is A Reasonable Suspicion Of Being A Desert From Any Armed Forces Of The Union.
7. When A Person Has Committed Any Act Out Of India And It Is Punishable In India And That He Is Liable To Be Extradited Or Detained In Custody In India.
8. When A Released Convict Commits A Breach Of Any Rule That He Has To Abide Under The Law. 


Arrest with a warrant

An arrest warrant is a written authority from a justice of the peace, magistrate or judge for police to arrest a particular person. An arrest warrant can be issued against a person for a number of reasons including:
  • for a criminal offence
  • for failure to appear in court
  • to ensure they attend court as a witness.
An arrest warrant must specify the person to be arrested and cannot be used as authority to arrest any other person. If police are executing an arrest warrant against you, you should check that it refers to you and that it is signed by the justice of the peace, magistrate or judge who authorise it.

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