Law: Criminal Procedure Code (V of 1898)

Section: 59

  (a) Criminal Procedure Code (V of 1898)-------   ----S. 59-Words "in his view"-Meaning of-Private person cannot arrest alleged offender if offence not committed within such person's sight.   The words "in his view" in section 59 of the Criminal Pro cedure Code, mean "in his presence" or "within his sight", and not 'in his opinion". It is abundantly clear from the language of the section, that a private person cannot arrest an alleged offender, if he has not committed a cognisable and non-bailable offence within his sight.   (b) Criminal Procedure Code (V of 1898)------   ----S. 59 & Frontier Crimes Regulation (III of 1901), S. 38-Private person's power to arrest.   While section 59, Cr. P. C. does not give any power to a private person to arrest an alleged offender unless he .has com mitted the necessary offence "in his view" i.e. "within his sight", section 38, F. C. R. invests a private person with power to arrest an offender, if "reasonable suspicion" exists of his having been concerned in any cognisable offence, and further gives him a right to cause the death of the offender, if the offender is "resisting or evading arrest in such circumstances as to afford reasonable ground for believing that he intends to use arms to effect his purpose".   (c) Trespass---   ---Lurking house-trespass and house-trespass --Intention essence and gist of.   In all "lurking house-trespass", there must be "house --trespass" and in all "house-trespass", there must be "criminal trespass". Unless, therefore, the intent necessary to prove the offence of "criminal trespass" is present, the offence of "lurking house-trespass" or "house-trespass" cannot be committed. In other words, intention is the essence and gist of the offence of "lurking house-trespass". Where intention is not proved, no offence of "lurking house-trespass", or "house-trespass" can be said to have been committed.   (d) Criminal Trespass----   --Proof.  …