Can Police Arrest Without Warrant in Pakistan
Right to liberty is one of the fundamental rights, safeguarded by the Constitution of Pakistan. Article 9 of the Constitution states that “no person shall be deprived of life or liberty save in accordance with law”. Therefore, Police or any other law enforcing agency can not arrest any person in Pakistan but in accordance with law.
General Principle:
The general principle that governs the arrest of any person by the police or other law enforcing agencies in Pakistan is that no person can be arrested by the police but on orders of a court or after taking a warrant of his arrest from a magistrate/court of competent jurisdiction, by showing reasonable cause for the arrest of that person. But there are some exceptions to this general rule regarding arrest by the police which are presented below.
When Police May Arrest Without Warrant:
A simple answer to the question that can police arrest without warrant in Pakistan is, yes. It is true that police can arrest without warrant in Pakistan under section 54 of the Code of Criminal Procedure (CrPC). According to this section police can arrest the following persons without warrant:
1. Concerned in a Cognizable Offence.
A person who has been concerned in a cognizable offence or there is a reasonable complaint against him for being involved in a cognizable offence or there is reliable information of him being involved in a cognizable offence can by arrested without warrant by the police.
2. Having Implement of House-Breaking.
A person having implement of house-breaking in his possession without any lawful excuse can also be arrested without warrant by the police.
3. Proclaimed Offender.
A person who has been proclaimed as an offender by any provincial government in Pakistan or under CrPC may be arrested without warrant by a police officer.
4. Possession of Stolen Property.
A person who is found with a thing in his possession that can reasonably be suspected as a stolen property and that person reasonably be suspected of having committed an offence with reference to that property can be arrested without warrant by the police.
5. Obstructs a Police Officer.
A police officer may arrest a person without warrant who obstructs him in the execution of his duty or who has escaped or attempts to escape a lawful custody.
6. Deserter from Army.
A person reasonably suspected of being a deserter from the armed forces of Pakistan may also be arrested without warrant.
7. Extradition Law.
A person who is liable to be apprehended or detained under the law relating to extradition for committing an offence outside Pakistan may also be arrested by the police.
8. Released Convict.
A released convict may be arrested without warrant if he commits a breach of rules made by the provincial government under section 565(3) of CrPC.
9. Requisition from a Police Officer.
If a requisition from another police officer who is competent to arrest a person without warrant is received for the arrest of that person, police officer receiving such requisition may arrest that person without warrant.
Rights of a Person Arrested
Article 10 of the Constitution of Pakistan safeguards the rights of a person who is arrested or detained in Pakistan. Unless a person is detained/arrested under a law providing for preventive detention he has the following rights.
- He has right to be informed of the grounds of his arrest as soon as possible.
- He has right to consult or be defended by a lawyer or a legal practitioner of his choice.
- He shall be produced before a magistrate within 24 hours of his arrest.
A person who is arrested by the police or any other law enforcing agency in Pakistan, or who expects his arrest by the police can get bail from the court to save his liberty.
Conclusion
Police requires an arrest warrant or an order from the court to arrest any person but in case of some persons mentioned in section 54 of the code of criminal procedure the police may arrest those persons mentioned therein without warrant or an order of the court.