POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES

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POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES

Duncan Abeynayaka – LLB, Attorney At Law

 

CODE OF CRIMINAL PROCEDURE ACT

118.

(1) If an inquirer or a police officer who is investigating any non-cognizable offence is of opinion that it is necessary to exercise any power conferred upon him by this Act which could be exercised only in respect of a cognizable offence he shall, upon receiving an order from a Magistrate, be entitled to exercise such power in respect of such non-cognizable offence.

(2) Subject to the provisions of section 37, every inquirer and officer in charge of a station shall have power to authorize the detention of a person during an investigation.

Jaraki v. Goonetilleke 60 NLR 58

A person accused of committing a non-cognizable offence cannot be detained in custody under the provisions of section 33 (2) of the Criminal Procedure Code unless there is some proof of acts of preparation by him for imminent departure from Ceylon or of intention so to depart.

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