Difference between revisions of "Arrest"

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Criminal Procedure Code, 2009
 
Criminal Procedure Code, 2009
  
*29. A police officer may, without an order from a magistrate and  
+
29. A police officer may, without an order from a magistrate and  
 
without a warrant, arrest -  
 
without a warrant, arrest -  
 
+
*(a) any person whom he suspects upon reasonable grounds of  
**(a) any person whom he suspects upon reasonable grounds of  
 
 
having committed a cognizable offence;  
 
having committed a cognizable offence;  
**(b) any person who commits a breach of the peace in his  
+
*(b) any person who commits a breach of the peace in his  
 
presence;  
 
presence;  
**(c) any person who obstructs a police officer while in the  
+
*(c) any person who obstructs a police officer while in the  
 
execution of his duty, or who has escaped or attempts to escape from  
 
execution of his duty, or who has escaped or attempts to escape from  
 
lawful custody;  
 
lawful custody;  
**(d) any person in whose possession anything is found which may  
+
*(d) any person in whose possession anything is found which may  
 
reasonably be suspected to be stolen property or who may reasonably  
 
reasonably be suspected to be stolen property or who may reasonably  
 
be suspected of having committed an offence with reference to that  
 
be suspected of having committed an offence with reference to that  
 
thing;  
 
thing;  
**(e) any person whom he suspects upon reasonable grounds of  
+
*(e) any person whom he suspects upon reasonable grounds of  
 
being a deserter from the armed forces;  
 
being a deserter from the armed forces;  
**(f) any person whom he finds in a highway, yard or other place  
+
*(f) any person whom he finds in a highway, yard or other place  
 
during the night and whom he suspects upon reasonable grounds of  
 
during the night and whom he suspects upon reasonable grounds of  
 
having committed or being about to commit a felony;  
 
having committed or being about to commit a felony;  
**(g) any person whom he finds in a street or public place during  
+
*(g) any person whom he finds in a street or public place during  
 
the hours of darkness and whom he suspects upon reasonable grounds  
 
the hours of darkness and whom he suspects upon reasonable grounds  
 
of being there for an illegal or disorderly purpose, or who is unable to  
 
of being there for an illegal or disorderly purpose, or who is unable to  
 
give a satisfactory account of himself;  
 
give a satisfactory account of himself;  
**(h) any person whom he suspects upon reasonable grounds  
+
*(h) any person whom he suspects upon reasonable grounds  
 
of having been concerned in an act committed at a place out of  
 
of having been concerned in an act committed at a place out of  
 
Kenya which, if committed in Kenya, would have been punishable  
 
Kenya which, if committed in Kenya, would have been punishable  
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Extradition (Contiguous and Foreign Countries) Act or the Extradition  
 
Extradition (Contiguous and Foreign Countries) Act or the Extradition  
 
(Commonwealth Countries) Act;  
 
(Commonwealth Countries) Act;  
**(i) any person having in his possession without lawful excuse, the  
+
*(i) any person having in his possession without lawful excuse, the  
 
burden of proving which excuse shall lie on that person, any implement  
 
burden of proving which excuse shall lie on that person, any implement  
 
of housebreaking;  
 
of housebreaking;  
**(j) any released convict committing a breach of any provision  
+
*(j) any released convict committing a breach of any provision  
 
prescribed by section 344 or of any rule made thereunder;  
 
prescribed by section 344 or of any rule made thereunder;  
**(k) any person for whom he has reasonable cause to believe a  
+
*(k) any person for whom he has reasonable cause to believe a  
 
warrant of arrest has been issued.
 
warrant of arrest has been issued.
  

Revision as of 14:11, 28 May 2010