Section 55 Procedure when police officer deputes subordinate to arrest without warrant
Section 55 deals with the procedure for passing on the power to arrest a person without a warrant from a police officer to an officer subordinate to him. This provision is very important in order to ensure that proper procedures are followed during the arrest process and to ensure that arrested persons are made aware of their rights.
The officer in charge of a police station, or any police officer conducting an investigation, may direct a subordinate officer to arrest a person without a warrant. But such delegation shall be made in the presence of circumstances that the delegating officer is not present during the arrest.
The arresting officer must issue a written order that clearly states:
- The identity of the person to be arrested.
- The offense or grounds for the arrest.
Before making the arrest, the subordinate officer should inform the individual of the substance of the arrest order. Upon request, the subordinate officer should provide a copy of the written order to the person being arrested.
The provisions of this section do not limit or vary the powers exercisable by a police officer apart from those of other sections of this Code that may be applicable, such as Section 41, which prescribes circumstances for arrest without a warrant.
Important Points
- The requirement of a written order and actual notice ensures against arbitrary arrest. This means increased transparency and accountability in law enforcement actions.
- Section 55 clearly defines a procedure for making an arrest thus reducing the potential for individuals' rights during police operations because of misuse of power.
