In cognizable offences, where the police has the power to register FIR and conduct investigation, law gives power to police to arrest an accused person during the investigation stage. Section 41 of the Criminal Procedure Code gives this power.
In fact, the power of police to arrest an accused, without orders of the court, is normally exercised prior to the filing of charge sheet. Once the charge sheet is filed, normally the arrest would be made in accordance with court orders, except in certain situations where the law itself gives such power to police ever after charge sheet.
Previously, the power of police to arrest accused persons in cognizable offences, without warrant / order from court, was very wide. However, after amendments were made in Section 41 Cr.P.C. in the years 2009 and 2010, these powers of arrest have been curtailed to somewhat extent.
Now, if the offence is punishable with the maximum imprisonment of up to 7 years, the police officer can arrest an accused only if he has reason to believe that the accused has committed such offence, and then he should be satisfied that the arrest is necessary on certain grounds (such as accused may abscond otherwise or that he would tamper with evidence, etc.) and he has to record the reasons for making arrest in writing.
For more serious offences, the power of arrest is slightly wider than the above.
In any case, if police arrests you before filing of charge sheet, it may either release you on bail (if it has power to release on bail) or will produce you in court within 24 hours (excluding journey time) and thereafter further custody can only be as per court orders, and you can also apply for bail before the court.
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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