20. Arrest, how made

(1) In making an arrest a police officer or other person making the arrest shall actually touch or confine the body of the person to be arrested, and shall inform the person that he is under arrest.

(2) Where the person to be arrested submits to the custody by word or action, the arrest shall be effected by informing the person that he is under arrest.

(3) If the person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(4) This section shall not justify the use of a greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender.

28. Arrest by police officer without warrant

Any police officer may, without an order from a magistrate and without a warrant, arrest—

(a) any person whom he suspects upon reasonable grounds of having committed an arrestable offence;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person who has been proclaimed as an offender under section 106;
(e) any person whom he suspects upon reasonable grounds of being a deserter from the Defence Force of Malawi and the Malawi Police Service;
(f) any person whom he finds lying or loitering in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g) any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Mala#i which, if committed in Mala#i, would have been punishable as an offence and for which he is under any written law liable to be apprehended and detained in Mala#i;
(h) any person having in his possession without lawful excuse, the burden of providing which excuse shall lie on such person, any implement of housebreaking;
(i) any released convict committing a breach of any provision prescribed by section 343 or of any rule made thereunder;
(j) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;
(k) any person for whom he has reasonable cause to believe a warrant of arrest has been issued; and
(l) any person who is about to commit an arrestable offence or whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.

33. Arrest by a private person

(1) Any private person may without a warrant, arrest anyone—

(a) who is in the act of committing an arrestable offence;
(b) whom he has reasonable grounds for suspecting to be committing an arrestable offence;
(c) whom he reasonably suspects of having committed a serious offence;
(d) who has been proclaimed an offender under section 106.

(2) Persons found committing an offence involving damage to property may be arrested without a warrant by the owner of the property or his servants or persons authorized by him.


38. Arrest by magistrate

Any magistrate may at any time arrest or direct the arrest in his presence of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

68. Powers of entry, asset, search, etc.

Any police officer of or above the rank of inspector may, without warrant, enter, with or without assistance, any house or building or into any place in which he has reason to believe—

(a) that a meeting of an unlawful society or of persons who are members of an unlawful society is being held; or
(b) that a member of an unlawful society resides or is; or
(c) that documents, funds, moneys or other information relating to an unlawful society may be found,

and arrest or cause to be arrested all persons found therein, and search such house, building or place and seize or cause to be seized all insignia, banners, arms, books, papers, documents and all other property which he may have reasonable cause to believe to belong to any unlawful society or to be in any way connected with the purpose of the meeting or with the unlawful society.

126. Arrest without warrant

A police officer or Chief or any person acting under the direction of a police officer or Chief may arrest without warrant any person whom he has reasonable cause to believe to be committing or to have committed an offence under section 124 or 125.