Report No. 177

2. Amendment of section 4.-

In the Code of Criminal Procedure 1973 (hereinafter referred to as the principal Act), in section 4.-

(i) in sub-section (1), for clauses (a) and (b),the following clauses shall be substituted, namely:-

"(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to seven years, (whether with or without fine), if the following conditions are satisfied, namely:-

(I) the police officer has reason to believe on the basis of that information that such person has committed the said offence;

(II) the police officer is satisfied that such arrest is necessary-

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence or for the reason that detention of such person in custody is in the interest of his safety; or

(c) to prevent such person from, causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or

(e) that unless such person is arrested, his presence in the court whenever required cannot be ensured; and the police officer records his reasons in writing.

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with, imprisonment for a term which may extend more than seven years (whether with or without fine) or with death and the police officer has reason to believe on the basis of that information that such person has committed the said offence;".

(ii) for sub-section (2) the following sub-section shall be substituted , namely:-

"(2) Subject to the provisions of section 42, no person, concerned in a non cognizable offence or against whom, a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a magistrate.