Section 43(1) in The Calcutta Suburban Police Act, 1866
(1)Subject to the restrictions imposed by clause (b) of sub-section (1) of section 39B in the case of offences there referred to, any Police-officer may arrest without a warrant any person committing in his presence in any street or public place any offence punishable under—(a)any section of this Act , or(b)any rule made under this Act, or(c)any other law for the time being in force, if such person,—(i)after being warned by a Police-officer, persists in committing such offence, or(ii)is unknown to such Police-officer and, when asked by such Police-officer to give his name and address, refuses to give the same, or gives a name or address which such Police-officer has reason to believe to be false, or cannot then and there ascertain to be true, or(iii)is unknown to such Police-officer, and his name and address cannot be ascertained then and there and he refuses to accompany the Police-officer to a police-station on being required so to do.Explanation.—The sub-section does not restrict the exercise by any Police-officer of any power of arrest conferred upon him by sub-section (3) of section 39CC or by any other law.
