Your rights
Can police arrest without a warrant?
Short answer
Yes, but only for cognizable offences, and they must follow proper procedure.
Understanding the issue
Police can arrest without warrant for cognizable offences (serious crimes like murder, robbery, etc.). For non-cognizable offences (minor offences), they need a warrant from a magistrate. In either case: (1) They must tell you why you are being arrested, (2) You can call a lawyer, (3) You must be produced before a magistrate within 24 hours, (4) Women cannot be arrested after sunset and before sunrise except by a female officer with magistrate's permission.
Laws that apply
- BNSS Section 35 — When police may arrest without warrant
- BNSS Section 36 — Procedure of arrest
- BNSS Section 187 — Person to be produced before Magistrate within 24 hours
- Article 22 — Protection against arrest and detention