Firstly, a constable is also considered as a “police officer” for the purposes of Section 41 of the Criminal Procedure Code which gives power to arrest without warrant in certain cognizable cases in the situations mentioned therein.
Secondly, Section 55 of the Cr.P.C. (Procedure when police officer deputes subordinate to arrest without warrant) allows an officer in charge of a police station or an investigating officer to depute a subordinate police officer (including a constable) to make an arrest. Sub-section (1) of this section says: “When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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