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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

The power to arrest under this section has to be exercised in such cases where obtaining of a warrant from a Magistrate would involve inordinate delay which might defeat the arrest or would cause unnecessary delay in effecting the arrest.

It may be stated that there is a vital difference in power which a police officer exercises in this section and which he exercises under Section 41 of the Code.

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This section applies when, any officer-in-charge of a police station requires an officer subordinate to him, to arrest without warrant any person, he must deliver to the officer required to make such arrest, an order in writing. In absence of an order in writing the arrest will be wholly illegal. On the other hand, under Section 41, police officer has the power to act on his own initiative and arrest without warrant a person alleged to be involved in a congnizable offence.

Sub-section (2) makes it clear that the provisions of this section are in addition and not in derogation to the provisions of Section 41 of the Code.

[55A. Health and safety of arrested person:

It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.]

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