Yes, in India, police can arrest a person without prior notice in certain criminal complaint cases, but it is not an unrestricted power and must follow legal guidelines.
Key points:
Police can arrest without notice if the offence is cognizable and there is reasonable suspicion or credible evidence.
However, as per Supreme Court guidelines (Arnesh Kumar case), arrest is not automatic, especially in offences punishable with less than 7 years imprisonment.
Police are generally required to issue a notice under Section 41A CrPC (or corresponding BNSS provision) asking the person to appear for questioning instead of immediate arrest.
Arrest without notice may be justified in serious cases such as:
The police must record proper reasons for arrest and follow due process.
Illegal or unnecessary arrest can be challenged in court.
