Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal to Supreme Court-Granted to State to call in question High Court's order acquitting accused of charge of murder where important question of law as to "extent of power of private persons to make arrest" was involved and which had not been considered by High Court-Criminal Procedure Code (V of 1898), Ss. 46, 54 & 59. (b) Criminal Procedure Code (V of 1898), Ss. 59, 54 & 46­Power of private persons to make arrest-Words "in his view" in S. 59. Under section 59 of the Criminal Procedure Code, 1898, the right of a private person to make an arrest is confined to arresting "any person who "in his view" commits a non-bailable and cognizable offence". This must be read in contrast to the power given to a Police Officer to arrest without a warrant. By section 54 of the Code, it is provided that a Police Officer may without warrant arrest any person "against whom a reasonable suspicion exists" of his having been concerned in a cognizable offence. The offence may be a bailable offence in this case, in the case of arrest by a private person it must necessarily be in a non-bailable offence. But the principal distinction lies in this that by virtue of his office, a Police Officer may act on reasonable suspicion, but a private person must act on the basis of something which has happened "in his view". Where, therefore, in order to effect his arrest A was belabored heavily with lathis on suspicion that he was a thief but none of the persons giving him beating had stated in the Court that he had seen A in the act of committing theft, no help can be obtained from the provision in section 46 of the Code that a private person may use "all means necessary to effect the arrest" where the person sought to be arrested "forcibly resists the endeavour to arrest him and attempts to evade arrest". The right of private person to make the arrest at all is confined by section 59 of the Code to the arrest of persons whom he actually sees committing a non-bailable and cognizable offence. The words "in his view" in section 59 are of the most specific nature, and in their natural and proper meaning, they are confined to things…

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