CrPC Section 391
Section 391 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 391 CrPC โ Procedure for arresting persons attempting to commit offences
๐ Text of Section 391:
When any person is going to commit, or is committing, or is about to commit, an offence punishable with imprisonment for life or imprisonment for a term of three years or upwards, any person may arrest such offender or take him or cause him to be arrested without a warrant, and without an order from a magistrate and without a warrant from a magistrate and without an order from a magistrate.
๐ Explanation and Key Points:
When can this be applied?
If a person is going to commit, is committing, or is about to commit:
An offence punishable with imprisonment for life, or
An offence punishable with imprisonment for three years or more.
Who can arrest?
Any person (not only police officers or public servants).
This is a form of citizenโs arrest.
Procedure:
Arrest can be made without a warrant.
Arrest can be made without prior order from a magistrate.
Purpose:
To prevent the commission of serious offences.
To allow immediate action to stop crime in progress.
โ๏ธ Practical importance:
Empowers ordinary citizens to act in urgent situations.
Acts as a deterrent against serious crimes.
Helps in quick apprehension of offenders.
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