• Section 109 CrPC

Can police patrol party while on duty late at night arrest a suspect in 109 crpc if such person is found in a suspicious manner concealing his presence with a view to committing a cognizable offence?
Asked 4 months ago in Criminal Law from shillong, Meghalaya
Religion: Christian

Hi, yes a police officer can do so ,if they have an apprehension that a person may commit cognizable offence 

Hemant Chaudhary
Advocate, Gurgaon
4250 Answers
30 Consultations

4.9 on 5.0

Hi

It has become a habit of police to harass innocent citizens by filing false cases U/S 109 Cr.p.c under the pretext that the accused was found moving in a suspicious manner concealing his presence with a view to commit a cognizable offence.  

Also 109 Cr.P.C is a tool adopted by police to tag the accused as history sheeter and harass the person and as such courts are generally very strict (in favour of accused and against police) when such cases are brought before them. 

However, even in case of unlawful arrest by police u/s109 Cr.P.C  police should produce the arrested person before the  Executive magistrate and the magistrate is duty bound to release the person immediately without sending him for remand,  if the person  executes a bond , with or without sureties for his good behaviour for such period not exceeding one year. 

The person arrested u/s 109   Cr.p.c should get the case quashed u/s 482 cr.p.c at High Court 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
1645 Answers
287 Consultations

5.0 on 5.0

Yes the police can arrest a person if he is found wondering in suspicious circumstances. There is nothing illegality in it.

Devajyoti Barman
Advocate, Kolkata
17497 Answers
248 Consultations

5.0 on 5.0

Yes the police can arrest if such section is charged against innocent person then in that case the person can move to high court to quash such case and further can also seek bail.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

 

2)police officer incharge of a police station may as a preventive measure arrestwithout warrant any person belonging to one or more of the categories of persons specified in Section 109 or Section 110 e. persons taking precautions to conceal their presence with a view of committing a cognizable offence

Ajay Sethi
Advocate, Mumbai
65544 Answers
3967 Consultations

5.0 on 5.0

A police officer incharge of a police station may as a preventive measure arrest without warrant any person belonging to one or more of the categories of persons specified in Section 109 or Section 110  e. persons taking precautions to conceal their presence with a view of committing a cognizable offence, habitual robbers, housebreakers, thieves, etc. and persons habitually indulging in the commission of certain social and economic offences. 

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

Security for good behavior  from suspected persons:

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behavior for such period, not exceeding one year, as the Magistrate thinks fit.

Police has no role to play in this.

 

T Kalaiselvan
Advocate, Vellore
55390 Answers
674 Consultations

5.0 on 5.0

A police officer incharge of a police station may as a preventive measure arrest without warrant any person belonging to one or more of the categories of persons specified in Section 109 or Section 110  e. persons taking precautions to conceal their presence with a view of committing a cognizable offence, habitual robbers, housebreakers, thieves, etc. and persons habitually indulging in the commission of certain social and economic offences.

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

1. Section 109 CrPC reads as "When[ an Executive Magistrate] 1 receives information that there is within his local jurisdiction a person taking precaution to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such. period, not exceeding one year, as the Magistrate thinks fit.".

2. Unless police arrests the person and produces him before magistrate the latter cannot exercise the power conferred on him by Sec.109, hence the answer to your question is in affirmative.

Ashish Davessar
Advocate, Jaipur
26119 Answers
775 Consultations

5.0 on 5.0

Not arrest but only execution of bond of good behaviour.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

  1. Police has ample power as per law to take into custody anyone on whom they may have any suspect.
  2. Though it is also true that police officials take disadvantage  of this power vested in them by law of our country.
  3. They can, but subject to the condition that the suspect will have to be produced before the Magistrate within 24 hours.
  4. And then based on the information so given to him by police, will help him to decided as to whether a bond should be signed by you for not conducting any act for which you have been suspended to, and that bond will be in force at least one year or less but not beyond that.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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