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The Code of Criminal Procedure, 1973
Every police officer may interpose for the purpose of preventing, and
shall, to the best of his ability, prevent, the commission of any cognizable
offence. Every police officer receiving information of a design to commit any
cognizable offence shall communicate such information to the police officer
to whom he is subordinate, and to any officer whose duty is to prevent
or take cognizance of the commission of any such offence. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force. STATE AMENDMENT In Maharashtra In section 151,- (a) in sub-section (2), after the words "required or authorised" the words, "under sub-section (3) or" shall be inserted; (b) after sub-section (2), the following sub-section shall be inserted: - "(3) (a) Where a person is arrested under this section and the officer making the arrest, or the officer in charge of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (exceeding the time required to take the arrested person from the place of arrest to the Court of a Judicial Magistrate) is necessary by reason that- (i) The person is likely to continue the design to commit, or is likely to commit, the cognizable offence referred to in sub-section (1) after his release; and (ii) the circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order, the officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours. (b) Notwithstanding anything contained in this Code or any other law for the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of such person in custody beyond the period of twenty-four hours, he may, from time to time, by order remand such person to such custody as he may think fit: Provided that, no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding fifteen days at a time, and for period exceeding thirty days from the date of arrest of such person. (c) When
any person is remanded to custody under clause (b), the Magistrate
shall, as soon as may be communicate to such person the grounds on
which the order has been made and such person may make a representation
against the order to the Court of Session. The Sessions Judge may,
on receipt of such representation after holding such inquiry as he
deems fit, either reject the representation, or if he considers that
further detention of the arrested person is not necessary, or that
it is otherwise proper and just so to do, may vacate the order and
the arrested person shall then be released forthwith." A police officer may of his own authority interpose to prevent any injury
attempted to be committed in his view to any public property, movable
or immovable, or the removal or injury of any public landmark or buoy
or other mark used for navigation. (1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false. (2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction. |
The Code of Criminal Procedure, 1973
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