There must be reasonable complaint or credible information or reasonable suspicions that the person has been conceived in any cognizable offence. Under section 151 Crpc, the arrest is to prevent the commission of an offence and the arrest person has to be produced before a Magistrate under section 167 Crpc, if his detention is desired pending the investigation.

Vagabonds, habitual offender etc, could be arrest under section 55 , Crpc, ( New section 41 ( 2) and they can be proceeded against under section 109 , Crpc . The provision for arrest under section 55 (new section 41 (2) by the police is quite different from the provision for the arrest under section 54 (1).

First new section 41 (1) (a) under section 151 Crpc . It is only if the arrest is made under section 55 that the question of proceedings against the arrest person under section 109 , Crpc, would arise. When a person is arrested by the police under section 54 (1).

First ( new section 41 (a) or under section 151 , Crpc ,he has to be produced before a Magistrate under section 167 , Crpc, with a copy of the entries in the diary relating to the case, and the Magistrate must proceed under section 167 and decide whether he could be remanded or not pending Police investigation.