[Rev. 2012]
Criminal Procedure Code
CAP. 75
(2) Persons found committing an offence involving injury to property may be
arrested without a warrant by the owner of the property or his servants or persons
authorized by him.
35. Disposal of person arrested by private person
(1) A private person arresting another person without a warrant shall without
unnecessary delay make over the person so arrested to a police officer, or in the
absence of a police officer shall take that person to the nearest police station.
(2) If there is reason to believe that the person comes under section 29, a police
officer shall rearrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence,
and he refuses on the demand of a police officer to give his name and residence,
or gives a name or residence which the officer has reason to believe to be false,
he shall be dealt with under section 32.
(4) If there is no sufficient reason to believe that he has committed an offence
he shall at once be released.
36. Detention of persons arrested without warrant
When a person has been taken into custody without a warrant for an offence
other than murder, treason, robbery with violence and attempted robbery with
violence the officer in charge of the police station to which the person has been
brought may in any case and shall, if it does not appear practicable to bring that
person before an appropriate subordinate court within twenty-four hours after he
has been so taken into custody, inquire into the case, and, unless the offence
appears to the officer to be of a serious nature, release the person on his executing
a bond, with or without sureties, for a reasonable amount to appear before a
subordinate court at a time and place to be named in the bond, but where a person
is retained in custody he shall be brought before a subordinate court as soon as
practicable:
Provided that an officer in charge of a police station may release a person
arrested on suspicion on a charge of committing an offence, when, after due police
inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with
the charge.
[Act No. 22 of 1959, s. 6, Act No. 13 of 1988, Sch.]
37. Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the
cases of all persons arrested without warrant within the limits of their respective
stations, whether those persons have been admitted to bail or not.
38. Offence committed in magistrate’s presence
When an offence is committed in the presence of a magistrate within the local
limits of his jurisdiction, he may himself arrest or order any person to arrest the
offender, and may thereupon, subject to the provisions of this Code as to bail,
commit the offender to custody.
C44 - 25
[Issue 1]
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