CrPC Section 51
Section 51 of the Criminal Procedure Code (CrPC), 1973
Power to Arrest Without Warrant in Certain Cases by a Private Person
Text of Section 51 (in brief):
A private person (i.e., any citizen who is not a police officer) is empowered to arrest any person whom they find committing a non-bailable and cognizable offense in their presence, without a warrant.
Detailed Explanation:
1. Power to Arrest by Private Persons:
Under Section 51, if a private individual finds someone committing a cognizable and non-bailable offense, they have the authority to arrest that person immediately.
This power exists to help in prompt action when police may not be immediately available.
2. Conditions for Arrest:
The offense must be cognizable — meaning the police can investigate and take action without prior permission of a Magistrate.
The offense must be non-bailable — implying it is serious in nature and the accused does not have a right to automatic bail.
3. Limitations:
The power is restricted to only those offenses committed in the presence of the private person.
The arrest by a private person must be reasonable and justified; unlawful or wrongful arrests may attract legal consequences.
4. Duty After Arrest:
The person making the arrest is required to hand over the arrested person to the nearest police station without delay.
They should not detain or hold the arrested person longer than necessary.
Importance of Section 51:
Enables citizen’s participation in crime prevention and law enforcement.
Provides a mechanism for immediate intervention in serious offenses when police are not present.
Helps in maintaining public order and discouraging crimes by empowering ordinary citizens.
However, it must be exercised with caution to avoid abuse of power.
Practical Example:
If a person witnesses someone committing robbery or assault (both cognizable and non-bailable offenses), they can intervene and arrest the offender under Section 51 until police arrive.
The citizen must then hand over the offender to the police immediately.
Summary Table:
| Aspect | Details |
|---|---|
| Authority | Private Person (Citizen) |
| Power | Arrest without warrant when offense is cognizable and non-bailable |
| Condition | Offense must be committed in presence of the private person |
| Duty Post Arrest | Hand over arrested person to nearest police station without delay |
| Purpose | Enable prompt citizen action in serious crimes |
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