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Report No. 48

40. Design to commit an offence.-

Under a provision of the Bill1 corresponding to an existing section2, 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. Since this power affects personal liberty and is exercisable by any police officer, there is, in our view, need for some safeguards. We recommend the following safeguards:-

(1) For arrest under this provision, reasons should be recorded by the police officer before arrest.

(2) If the matter is of urgency, reasons should be recorded immediately after arrest.

(3) In either case, the police officer should communicate the reasons to the Magistrate competent to try the offence.

1. Clause 154, Cr. P.C. Bill.

2. Section 151, Cr. P.C.

Some questions Under the Code of Criminal Procedure Bill, 1970 Back

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