Legal Q&A · Criminal Law

Can the police arrest me without a warrant for a complaint made against me?

Question

Someone has filed a complaint against me at the local police station over a dispute. Can the police arrest me without a warrant, and what can I do to protect myself?

Answer

Whether the police can arrest without a warrant depends on whether the offence alleged is cognizable. Even for cognizable offences punishable with imprisonment of up to seven years, the Supreme Court in Arnesh Kumar v. State of Bihar (2014) held that arrest must not be automatic: the police must record why arrest is necessary, and in many cases issue a notice of appearance instead.

If you apprehend arrest in a non-bailable offence, you may apply for anticipatory bail under Section 482 of the BNSS before the Sessions Court or the High Court. Keep copies of any notice you receive and do not ignore it.

Answered by Adv. Rohit Malhotra, Senior Associate — Criminal Practice

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