SECTION 44 CRPC
By P.Hema
Arrest by Magistrate.
(1) When any offence is committed in the presence of a Magistrate, whether
Executive or Judicial, within his local jurisdiction, he may himself arrest or order
any person to arrest the offender, and may thereupon, subject to the provisions
herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct
the arrest, in his presence, within his local jurisdiction, of any person for whose
arrest he is competent at the time and in the circumstances to issue a warrant.
There is only one provision in the Code of Criminal Procedure, 1973 under which
a Magistrate himself can arrest an accused. That provision is contained in Section
44 of the Code of Criminal Procedure, 1973.
Any Magistrate, whether Judicial or Executive, may himself arrest or order any
person to arrest the offender, who has committed an offence in presence of such
Magistrate within his local jurisdiction. He may also issue a warrant of arrest of
such offender. A Magistrate arresting a person under Section 44 (1) of the Code of
Criminal Procedure, 1973 is not a 'Court'. Therefore, the detention of the arrested
person beyond 24 hours would be illegal unless a remand order to custody is
obtained under Section 167 (1) of Code of Criminal Procedure, 1973 by producing
him before another Magistrate.
Magistrate under Section 44 of the Code of Criminal Procedure, 1973 a Judicial /
Executive Magistrate either himself arrest or ask any other person to arrest anyone
committing any offence in his presence.
In arresting a person under Section 44 a Magistrate does not take cognizance of the
case. The provision neither deals with taking of cognizance nor with conducting of
inquiry or trial after taking of cognizance. Directorate of Enforcement Vs Deepak
Mahajan, AIR 1994 SC 1775.
Under Section 44 (2) of the Code of Criminal Procedure, 1973 also he can arrest a
person for whose arrest he is competent to issue a warrant.
Section 44 is the only section in the Code of Criminal Procedure, 1973 which
authorizes a Magistrate to arrest a person. This section consists of two sub-
sections. Under sub-section (1) a Magistrate can arrest a person if any offence is
committed in his presence. Under sub-section (2) he can arrest a person for whose
arrest he is competent to issue a warrant.
Under Section 44 Cr. P. C apart from the Police, Magistrate is given power to
arrest a person and when an accused appears before the Magistrate or surrenders
voluntarily, Magistrate is competent to take that accused into custody.
Comments
Post a Comment