Disposal of Persons Arrested by Private Persons (Criminal Procedure Act, Cap. 20 R.E. 2022)
Section 31 outlines the process for handling individuals arrested by private persons without a warrant:
Subsection (1) mandates that any private person who arrests another without a warrant must, without unnecessary delay, hand the arrested person over to a police officer or deliver them to the nearest police station. If neither a police officer nor a police station is available, the arrested person must be handed over to the Ward Secretary or the Secretary of the Village Council for the area where the arrest was made.
Subsection (2) requires that if there is no reason to believe that the arrested person should not be treated as someone who may lawfully be arrested without a warrant (as per section 14), a police officer must re-arrest the individual.
Subsection (3) specifies that if there is reasonable belief that the arrested person has committed a warrant offence and they refuse to provide their name and residence, or provide false information, they must be dealt with according to the provisions of Section 29. However, if there is no sufficient reason to believe the person has committed any offence, they must be released immediately.
This section ensures that private individuals who make arrests without warrants follow the proper procedures for handing over the arrested person to authorities, providing a clear process for re-arrest and release based on the circumstances of the arrest.
0 Comments
PLACE YOUR COMMENT HERE
WARNING: DO NOT USE ABUSIVE LANGUAGE BECAUSE IT IS AGAINST THE LAW.
THE COMMENTS OF OUR READERS IS NOT OUR RESPONSIBILITY.