Steps to be taken pending Investigation
– Arrest Section
1. – Arrest without warrant
Art. 49 Principle.
Save as is otherwise expressly provided, no person may be arrested unless a warrant is issued and no person may be detained in custody except on an order by the court. An arrest without warrant may only be made on the conditions laid down in this section.
Art. 50 Arrest without warrant in flagrant cases.
Any private person or member of the police may arrest without warrant a person who has committed a flagrant offence as defined in Art. 19 and 20 of this Code, where the offence is punishable with simple imprisonment for not less than three months.
Art. 51 Arrest without warrant by the police
(1) Any member of the police may arrest without warrant any person:
(a) Whom he reasonably suspects of having committed or being about to commit an offence punishable with imprisonment for not less than one year;
(b) Who is in the act of committing a breach of the peace;
(c) Who obstructs a member of the police while in the execution of his duties or who has escaped or attempted to escape from lawful custody;
(d) Who has evaded or is reasonably suspected of having evaded police supervision;
(e) Who is reasonably suspected of being a deserter from the armed forces or the police forces;
(f) Who has in his possession without lawful excuse housebreaking implements or weapons;
(g) Who has in his possession without lawful excuse anything which may reasonably be suspected of being stolen or otherwise obtained by the commission of an offence;
(h) Who may reasonably be suspected of being a dangerous vagrant within the meaning of Art. 471 Penal Code.
(2) Nothing in this Article shall affect the power of other government officers to make an arrest without warrant under special provisions of other laws.
JUSTICE 