Arrest by Magistrate – Can a Magistrate arrest a Person?


Arrest by Magistrate – Can a Magistrate arrest a Person?

Criminal Law – The Code of Criminal Procedure, 1973


Arrest by Magistrate. Can a Magistrate arrest a Person?

Yes. A Magistrate has the authority to himself arrest the person or cause the person to be arrested under certain specified circumstances which are mentioned under section 44 of the Code of Criminal Procedure, 1973.

Section 44 says – Arrest by Magistrate

(1) When any offense has taken place or committed in the presence of the Magistrate within his local jurisdiction, whether Executive or Judicial, he may himself arrest or cause the arrest of the offender by his order, and may thereupon,. subject to the provisions herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial,within his local jurisdiction, may at any time direct the arrest or himself arrest, in his presence, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.