CrPC Section 455
Section 455 CrPC: Power to arrest persons concerned in offences committed within the view of Magistrate
Text of Section 455 CrPC:
"When an offence has been committed in the view of a Magistrate, the Magistrate may arrest, or direct the arrest of, the offender, and may detain him in custody, or take bail for his appearance."
Explanation:
When does Section 455 apply?
When an offence is committed in the presence (view) of a Magistrate.
The key point is that the Magistrate must witness the offence or see it happening.
What powers does the Magistrate have?
The Magistrate has the authority to arrest the offender personally.
Alternatively, the Magistrate can direct the police or any other person to arrest the offender.
The Magistrate can detain the offender in custody.
The Magistrate may also take bail from the offender for his/her appearance in court.
Why is this Section important?
It empowers the Magistrate to act immediately and prevent escape or further offences.
It is a special power granted to Magistrates to maintain law and order, especially in their presence.
It helps in quick administration of justice, without waiting for police intervention.
Practical Example:
Suppose a Magistrate is present at a market and witnesses a person committing theft.
Under Section 455, the Magistrate can immediately arrest that person or order their arrest.
The Magistrate can either keep the person in custody or release them on bail pending trial.
Important Points to Note:
This Section is limited only to offences committed in the presence of the Magistrate.
The Magistrate’s power is direct and immediate—there is no need to wait for police action.
This power helps in controlling offences on the spot.
Summary Table:
| Aspect | Details |
|---|---|
| Offence location | Must be committed in the view of the Magistrate |
| Who can arrest? | The Magistrate or by Magistrate's direction |
| Powers after arrest | Detain offender or take bail for appearance |
| Purpose | Immediate action to maintain law and order |
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