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B. - Arrest without Warrant
54.
54. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest-
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned
secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking,
thirdly, any person who has been proclaimed as an offender either under this Code or by order of the President of the Union;
fourthly, any person in whose possession anything is found which may reasonably by suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
sixthly, any person reasonably suspected of being a deserter from [the Burma] (Note) Army. Navy or Air Force;
seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of the Union of Myanmar which, if committed in the Union of Myanmar, would have been punishable as an offence, and for which he is, under any law relating to extradition [ * * * * ] (Note) or otherwise, liable to be apprehended or detained in custody in the Union of Myanmar;
eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3),
ninthly, any person for whose arrest a requisition has been received from another police-officer. provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) * * * *
55.
(1) Any [police-officer] (Note) may, in like manner, arrest or cause to be arrested-
(a) any person found taking precautions to conceal his presence [within the limits of the police-station to which such police-officer is attached] (Note) under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or
(b) any person [within the limits of the police-station to which such police-officer is attached] (Note) who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself : or
(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.
(2) * * * *
56.
(Note) An officer in charge of a police-station or any police-officer making an investigation under Chapter XIV may require any officer subordinate to him to arrest without a warrant any person who may lawfully be arrested without a warrant.
57.
(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in the Union of Myanmar, the bond shall be secured by a surety or sureties resident in the Union of Myanmar.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
58.
A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in the Union of Myanmar.
59.
(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station.
(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest 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 such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.
60.
A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested [ * * * * ] (Note) before the officer in charge of a police-station.
61.
No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to [the police-station, and from there to the Magistrate's Court].(Note)
62.
Officers in charge of police-stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate the cases of all persons arrested without warrant within the Limits of their respective stations, whether such persons have been admitted to bail or otherwise.
63.
No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail or under the special order of a Magistrate.
64.
When any 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 herein contained as to bail, commit the offender to custody.
65.
Any Magistrate may at any time arrest or direct the arrest, in his presence within the local Limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
66.
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in the Union of Myanmar.
67.
The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.
54. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest-
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned
secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking,
thirdly, any person who has been proclaimed as an offender either under this Code or by order of the President of the Union;
fourthly, any person in whose possession anything is found which may reasonably by suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
sixthly, any person reasonably suspected of being a deserter from [the Burma] (Note) Army. Navy or Air Force;
seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of the Union of Myanmar which, if committed in the Union of Myanmar, would have been punishable as an offence, and for which he is, under any law relating to extradition [ * * * * ] (Note) or otherwise, liable to be apprehended or detained in custody in the Union of Myanmar;
eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3),
ninthly, any person for whose arrest a requisition has been received from another police-officer. provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) * * * *
55.
(1) Any [police-officer] (Note) may, in like manner, arrest or cause to be arrested-
(a) any person found taking precautions to conceal his presence [within the limits of the police-station to which such police-officer is attached] (Note) under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or
(b) any person [within the limits of the police-station to which such police-officer is attached] (Note) who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself : or
(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.
(2) * * * *
56.
(Note) An officer in charge of a police-station or any police-officer making an investigation under Chapter XIV may require any officer subordinate to him to arrest without a warrant any person who may lawfully be arrested without a warrant.
57.
(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in the Union of Myanmar, the bond shall be secured by a surety or sureties resident in the Union of Myanmar.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
58.
A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in the Union of Myanmar.
59.
(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station.
(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest 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 such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.
60.
A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested [ * * * * ] (Note) before the officer in charge of a police-station.
61.
No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to [the police-station, and from there to the Magistrate's Court].(Note)
62.
Officers in charge of police-stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate the cases of all persons arrested without warrant within the Limits of their respective stations, whether such persons have been admitted to bail or otherwise.
63.
No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail or under the special order of a Magistrate.
64.
When any 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 herein contained as to bail, commit the offender to custody.
65.
Any Magistrate may at any time arrest or direct the arrest, in his presence within the local Limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
66.
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in the Union of Myanmar.
67.
The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.
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