Criminal Procedure - Arrest

1. How is it determined whether a policeperson needs a warrant to arrest me or not?

Answer: The First Schedule to the Code of Criminal Procedure classifies the various offences under the Indian Penal Code. The Schedule provides the offence and its punishment. It further provides the nature of the offence i.e. whether the offence is cognizable or not, bailable or not. Thus, if an offence is non-cognizable then the police officer cannot arrest a person unless a warrant has been issued by the competent authority.

2. Can I be arrested without a warrant for defamation?

Answer: No, you cannot be arrested without warrant for defamation. Defamation is a non-cognisable, bailable offence. Non cognisable offence implies that the person cannot be arrested without the warrant issued by the Court. Thus, if a person is alleged to have committed defamation and police intends to arrest him, then the police have to get a warrant of arrest from the competent Court.

3. Can I be arrested without a warrant for copyright violations?

Answer: The Code of Criminal Procedure, 1973 provides that if any offence is punishable with imprisonment of less than 6 months then it is a non cognizable offence. Copyright Violations are dealt with by the Copyright Act, 1957. Section 63 of the Copyright Act, 1973 provides for punishment for an offence of infringement of a copyright or any other right conferred by the Act. The punishment under this Section cannot be less than 6 months and cannot be more than 3 years.

Section 63 of the Copyright Act does not explicitly mention whether it is a cognizable offence or not. However, under Section 64 any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work.

Effect: The question whether offence of copyright violation is cognizable or not has not been clearly decided by the Courts. The Andhra Court in Amarnath Vyas v. State of Andhra Pradesh [2007 CRI LJ 2025 (AP)] opined that the offence of copyright infringement is bailable and non cognizable. On the contrary, the Kerala High Court in Suresh Kumar S/O Kumara v. The Sub Inspector of Police [2007 3 KLT 363] held that the offence is cognizable and non bailable.