What You Can Do If Police Arrest You without Any Warrant well Yes. If a person has committed or is suspected of being involved in an offence that is classified as a cognizable crime and police investigation of the case leads them to believe that the suspect is guilty, then the police can arrest that person without waiting for a magistrate to issue a warrant. The police must always give proper reason that is preferably backed up by some sort of evidence when arresting a person . If someone is caught in the act of committing a crime then the police can arrest them immediately and without a warrant as well.
Article by – Ashi Garg
What You Can Do If Police Arrest You without Any Warrant
- Keep in mind that just being named in an FIR is not reason enough for the police to arrest you. The lack of this knowledge by the general public is often misused.
- If someone is named in an FIR the police must conduct preliminary investigations and collect some real evidence against the person before arresting them.
- Police coming to the private residence of a citizen to ‘bust’ or break up a party that is taking place is a common occurrence. In technical terms, there is no ‘busting’ of a house party.
- The police can only enter a private residence to search the premises or seize any article or individual who is connected to an offence. This means that, the police can come into your house if they suspect that there is a cognizable offence taking place and if they have proof of the same.
They could also do it if they have received some complaint. If you are in such a situation then remember to:
- Ask the police under what authority or order they have they come
- If they want to search your home they must have a search warrant, which is an order from the magistrate. They must search your house in your presence
- If the police decide to seize any material make sure they make a record of what they are taking, sign that document as well as take your signature on that document
What to Do When You Are Arrested
What You Can Do If Police Arrest You without Any Warrant well When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For Example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.
Every person who is arrested is supposed to be taken before the nearest magistrate within 24 hours of the arrest. (Time taken to travel to the Magistrate is excluded from the 24 hours)
This is the most important thing you need to know.
You then have the following rights –
- Right to be silent / Right against self – incrimination
You have the right to remain silent. In fact the police is supposed to tell you that everything you say may be used against you in the court of law.
Regardless of whether they tell you this or not, remember you have the right to remain silent.
- You have the right to legal aid-
You have the right to call your lawyer. If you ever get a call from a Police station and they ask you to come and answer some questions, even then, first contact your lawyer. Do not walk into the station. You can ask the police officer to summon you in writing.
- If there is a warrant, you are entitled to see it –
Remember you can be arrested even without a warrant. But if the Police say that they have a warrant, you have a right to see it.
- Right against Handcuffing and torture
You have a right to not be handcuffed. Only if the police suspect that you are likely to run away, should they handcuff you.
You cannot be subjected to torture and it is a crime.
- Right to have someone informed
If you are arrested without anyone’s knowledge or presence, you have a right to inform someone. The law puts an obligation on the law enforcement agency to inform another person.
- You cannot be illegally detained –
If you are being detained by the Police and are not produced before the Magistrate within 24 hours, it is illegal. You (you friend / relative) have the right to directly approach the High Court and file the writ of Habeas Corpus.
- If you are a woman, you cannot be arrested after sundown and before sunrise unless there are extraneous circumstances. If there are, Magistrate’s written permission and the presence of a woman police officer is required to make that arrest.
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