Can Police Arrest You Without Committing Any Crime?

The police have the power to arrest any person or group of persons who have committed a cognizable offense and may be arrested by the police without warrant and without an order of arrest by a Magistrate in the case of committing cognizable offense.

The purpose of arrest by the police is to stop crime and maintain peace and brotherhood within the society.
 

Can Police Arrest You Without Committing Any Crime?

Code of criminal procedure provides the power to police arrest you without or before committing any crime under some condition under section 151 CrPC.
 

Arrest to prevent the commission of cognizable offences

Section 151 CrPC states that arrest to prevent the commission of cognizable offences. There is two sub-sections or clauses under 151 CrPC :

(1) The police can arrest any person without warrant and without an order of arrest by the Magistrate if the police officer knows that the person will commit a cognizable offense and the offense cannot be stopped without arresting the person.

(2) The arrested person under sub-section (1) can not be taken into custody more than twenty-four (24 hours) hours from the time of his arrest unless his further detention is necessary or authorised under any other provisions of this Code or of any other law for the time being in force.

Note :- Police can not misuse this power because before arrest to any person police must have strong evidence that the person will commit cognizable offense and the offense cannot be stopped without arresting the person.
 

What to do if police misuse this power?

File a court case against police under section 166 IPC (Public servant disobeying law, with intent to cause injury to any person).

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