Chapter-I
Powers to Arrest, Interrogate, Search, Seize and
Collect Evidence
The Code of Criminal Procedure, 1973 [as amended by the Criminal Law
(Amendment) Act, 2010, the Code of Criminal Procedure (Amendment) Act, 2010;
for short, the Code], confers wide powers on the police to arrest, with or without
warrant, interrogate and search, seize property, record statements of witnesses, get
confession recorded by a Magistrate, etc. The police exercises all such powers in
the course of investigation of crimes (SS 154 to 173 of the Code) or in the course of
general law and order maintenance function. Investigation powers of the police can
arise in either of the three ways:
(a)
on receiving information relating to the commission of a cognizable
offence from an informant (Under S. 154(1)),
(b)
on receiving order from any magistrate to investigate (Under S. 156(3)),
and
(c)
on receiving information from any source about commission of a
cognizable offence within his jurisdiction (Under S. 156(1)).
Since the power to arrest entails serious infringement with the physical liberty
of a person, there are several provisions under the Cr. P.C. for guiding it, such as Ss.
41 to 60, S. 151, etc. These provisions not only empower the police but also provide
the necessary inbuilt safeguards against abuse of power of arrest as contained in S.
50 (arrestee to be informed of ground of arrest and of right to bail), S.50A (obligation
to inform about the arrest and place of detention to a nominated person), S.54
(medical examination on the request of the arrestee), S. 56 (arrestee to be brought
before a magistrate or a Police Officer without undue delay) S.57 (arrestee to be
produced before a judicial authority within twenty four hours) and S.59 (arrestee to
be discharged only by an appropriate judicial order), etc. Like the power of arrest
the police is conferred with the power to interrogate, search and the seizure the
property involved in criminal design. Power to interrogate witnesses can be exercised
in the pre-arrest stage under Ss. 160, 161 and 162 or in the post-arrest stage either in
police custody or in the judicial custody. Similarly, search and seizure may be
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