I02. When any officer in charge of a Police-station requires any officer subordinate to him to arrest without a warrant (otherwise than in

Procedure when Police officer deputes

subordinate to arrest without warrant.

his presence) any person who may lawfully be arrested by such officer without a warrant, he shall deliver to the Police Officer required to make the arrest, an order in writing, specifying the person to be arrested, and the offence for which the arrest is to be made.

The provisions of Sections 91 and 176 to 182 (both inclusive) shall apply to every order in writing issued under this section.

Police may pursue offenders into other jurisdictions.

103. For the purpose of arresting any person accused of a cognizable offence, a Police officer may pursue any such person into the limits of the local jurisdiction of another Police Officer whether subordinate to the same Magistrate as himself, or to the Magistrate of any other District, and whether such place be in the same Province or not.

104. Any person attending a Criminal Court, although Detention of offen- not upon an arrest or summons on a comders attending Court. plaint made, may be detained by such Court for the purpose of examination, for any offence which from the evidence he may appear to have committed, and may be proceeded against as though he had been arrested or summoned on a complaint made.

When the detention takes place in the course of an inquiry under chapter XV, or after a trial has been begun, the proceedings in respect of such person shall be commenced afresh and the witnesses reheard.

OF ARREST BY PRIVATE PERSONS.

105. Any private person may arrest any person who, Arrest by private in his view, commits a non-bailable and cognizable offence.

persons.

CHAP. IX.

CODE OF CRIMINAL PROCEDURE.

Secs. 106-108.

523

106. The master or mate of a British merchant ship Arrest of deserters may, either with or without the assistance from British ships. of the Police, who are bound to aid if so required by such master or mate, arrest seamen or apprentices duly engaged, under the Statute 17 & 18 Vic., c. 104, or other law for the time being in force relating to merchant shipping, who refuse to join or desert from the vessel in which they contracted to serve.

Such arrest shall only be made at the request and on the responsibility of such master or mate, and he shall be required by the Police to accompany the arrested person, should he be apprehended, before the Magistrate having jurisdiction; and it shall be the duty of such master or mate to obey such requisition.

proceed

107. A private person making an arrest under this chapter shall forthwith make over the person arrested to a Police Officer, and in absence of a Police Officer shall take such

How to with person arrested.

person to the nearest Police-station. The Police shall deal with such person according to the provisions of Section 92 or 93, as the case may be, and shall not arrest or detain him unless he appears to be liable to arrest or detention under the section applicable.

108. When

When any offence is committed in the presence of a Magistrate, he may order any person to

Offence committed

sence.

in Magistrate's pre- arrest the offender, and may thereupon commit him to custody, or if the offence

is bailable, may admit him to bail.

524

CODE OF CRIMINAL PROCEDURE.

СНАР. Х.

CHAPTER X.

POWERS OF THE POLICE TO INVESTIGATE.

109. An officer in charge of a Police-station may, without order of a Magistrate, investigate Officer may investigate. any offence cognizable by the Police.

What offences Police

IIO. A Police Officer may not without the order of a What offences Police Magistrate of the first or second class, investigate an offence not cognizable by the Police.

may not investigate.

A Magistrate of the first or second class may, as provided in Sections 24 and 26, order the Police to investigate; and on receipt of an order to investigate a non-cognizable case, a Police Officer may exercise the same powers in respect of the investigation as in a cognizable case.

A Police Officer is bound under this Section to make an enquiry into any offence punishable by the I. P. C. or any special or local law, when ordered by a Magistrate, whether the offence be cognizable or not by the Police.

Saving of powers vested in Police by

special or local law.

III. Nothing in Section 110 shall be held to interfere with the exercise of any powers vested in a Police Officer by any special or local law, or with the performance of any duty which is imposed upon a Police Officer by any such special or local law.

By any Special or Local Law.-By Section 34, Act V of 1861, the Police have powers to arrest persons in certain cases, for said cases see Section 34, Act V of 1861. It must be borne in mind that said obstructions, inconvenience, annoyance, risk, danger or damage must be committed, on any road or in any street, or thoroughfare of any town to which this Section (34) shall be especially extended by the Local Government and

CHAP. X.

CODE OF CRIMINAL PROCEDURE.

525

Secs. III-112.

further the eight offences specified in that Section must be committed within the view of Police Officer so arresting without warrant.

112. Every complaint preferred to an officer in charge Complaint to Police of Police - station shall be reduced into to be in writing. writing, and shall be signed, sealed, or marked by the person making it; and the substance thereof shall be entered in a book to be kept by such officer in the form prescribed by the Local Government.

Reduced into writing.-Neither a Judge nor a Magistrate can order that, as a general rule, a complaint which the Police are required by this section to reduce to writing, should be retained as part of the judicial record of the investigation before the Magistrate. The substance of the complaint is to be entered in the Police Officer's diary, which the Magistrate can call for and inspect. The complaint is not made on oath, and perjury could not be assigned upon it, but it might be the ground of proceedings under Section 182 or 211, I. P. C., and the record of it would be more conveniently retained in the custody of the Police Officer than filed in the Magistrate's office. Vide notes to Section 211, I. P. C.

"Every complaint preferred to an officer in charge of a Police Station to be reduced into writing, and the substance thereof to be entered in a book to be kept by such officer," as provided by this section, appear to comprehend two distinct records, the former of which may be called for and made use of by the Magistrate or other Judicial Officer trying the case to which the record relates; whilst of the other, judicial cognizance can be taken only so far as the matter of inquiry affects the conduct of the Police Officer who prepared the record.

The first record should simply contain the plain statement or deposition of the person making complaint, or giving information to the Police Officer, without any additional matter elicited by interrogation or comment on the part of the Officer receiving the complaint, and there is nothing in the law to prevent such complaint or statement being brought to the Police Station in written form. The law requires that, before action is taken upon the complaint it shall be placed upon record either by complainant himself or by the Officer before whom the complaint is lodged.

That judicial cognisance may be taken of this record in the trial of the case to which it refers is plainly to be inferred from the absence of any proviso to the contrary; for it will be observed that the section of the Criminal Procedure Code, which empowers the Police Officer engaged in the investigation of a case to reduce into writing the state

Secs. 112-114.

ment made by any person examined by him in the course of such inquiry, expressly provides that such written statement shall not be used as evidence. Vide Section 119 post.

The second record provided by this section is purely for Police purposes, for the information of the superior officers of Police, and the future guidance of the officer in charge of the Police Station. This, as other subjects of record in Police Diary, are expressly declared to be excluded from judicial cognisance, except in so far as the subject of inquiry relates to the conduct of the Police Officer in connection with the case to which this record has reference.-Circular No. 1163, June 27th, 1864, p. 301, vol. IV., R. J. P. J.

The book kept under this section is a Diary, and so is the book kept under Section 126 post, but there is this difference between these two Diaries. The Diary under Section 126 post is a special Diary, to be kept by a Police Officer while making an inquiry, but is not evidence of any facts it contains except against the Police Officer who made it. The Diary kept under this section is known as the Station Diary or Roznamcha, it contains every complaint preferred to an officer in charge of a Police Station. The entries in this Diary are prima facie proof that such complaint as is therein contained were actually made and recorded, though of course it proves nothing as to the truth or falsity of such information.

The words" and shall be signed, sealed, or marked by the person making it" have been added to this section by the present C. C. P.

Complaint in noncognizable cases.

113. If a complaint is preferred to an officer in charge of a Police - station of the commission within his local jurisdiction of an offence which is not cognizable by the Police, the Police Officer shall enter the substance of it in the station diary, and shall refer the complainant to the Magistrate.

The provisions of this section are new. The original C. C. P. contained no such provision.

&c., Police Officer in

charge of station to

114. If, from information or otherwise, an officer in Upon information, charge of a Police-station has reason to suspect the commission within his local proceed in person or jurisdiction of an offence cognizable by depute a subordinate. the Police, he shall send immediate intimation to the Magistrate having jurisdiction, and shall proceed