Criminal Code

Version of section 494 from 2003-01-01 to 2013-03-10:

Marginal note:Arrest without warrant by any person
  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) Any one who is

    • (a) the owner or a person in lawful possession of property, or

    • (b) a person authorized by the owner or by a person in lawful possession of property,

    may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • R.S., c. C-34, s. 449;
  • R.S., c. 2(2nd Supp.), s. 5.
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