Arrest of Persons Questions and Answers

Answer: D

The provision is Section 57 of the CrPC.

Section 57 forbids a police officer to detain a person arrested without warrant for longer than is reasonable, and in no case beyond twenty-four hours exclusive of the time needed for the journey to the Magistrate's court, unless a Magistrate orders otherwise under Section 167. It gives effect to Article 22(2) of the Constitution, and appears as Section 58 in the BNSS.

Section 41 lists when police may arrest without warrant, Section 51 deals with the search of arrested persons, and Section 164 with recording of confessions and statements by a Magistrate.

Answer: B

Arrest of persons is dealt with in Chapter V of the Code of Criminal Procedure, 1973, which runs from Section 41 to Section 60A and covers arrest without warrant, the manner of arrest, the rights of the arrested person and the duties of the police.

Chapter IV of the Code concerns the powers of superior officers of police and the aid to magistrates and police, Chapter VI is about processes to compel appearance (summons, warrant, proclamation and attachment), and the Code has no Chapter XX concerned with arrest; Chapter XX deals with the trial of summons cases by magistrates. So only Chapter V fits.

Answer: A

The provision on notice of appearance before a police officer is Section 41A of the Code of Criminal Procedure, 1973, inserted in 2008. It lets the police issue a notice directing a person against whom a reasonable complaint exists to appear before them, and the person is not to be arrested while complying with it.

The neighbouring sections are different: 41B lays down the procedure of arrest and the duties of the officer making it, 41C requires control rooms at district and State level, and 41D gives the arrested person the right to meet an advocate of his choice during interrogation.

Answer: C

Section 55 of the Code of Criminal Procedure, 1973 deals with the procedure when a police officer deputes a subordinate to arrest without warrant: the subordinate must be given a written order specifying the person to be arrested and the offence, and the subordinate must notify the substance of the order to the person arrested if required.

The examination of the accused by a medical practitioner at the request of a police officer is Section 53, the power to seize offensive weapons is Section 52, and discharge of a person apprehended is Section 59. These are the neighbouring sections in the chapter on arrest.

Answer: A

The duty to inform a person arrested of the grounds of arrest and of the right to be released on bail is in Section 50 of the Code of Criminal Procedure, 1973. It applies to arrests without warrant and also requires the person to be told of the right to bail where the offence is bailable.

Section 41 sets out when the police may arrest without warrant, Section 59 deals with discharge of a person apprehended, and Section 112 is in the chapter on security for keeping the peace, where it relates to the order to show cause. Only Section 50 deals with informing the arrested person.

Answer: C

The heading procedure of arrest and duties of officer making arrest belongs to Section 41B of the Code of Criminal Procedure, 1973. The officer must bear an accurate, visible and clear identification of his name, prepare a memorandum of arrest attested by a witness, and have it countersigned by the arrested person, who is to be told of his right to have a relative informed.

Section 41A deals with the notice of appearance before a police officer, Section 41C with control rooms, and Section 44 with the arrest by a magistrate. They are separate provisions.

Answer: B

Only Conclusion II follows. Statement II says that every officer making an arrest must forthwith give information of the arrest and the place of holding to a friend, relative or other person nominated by the arrested person; Conclusion II says that this obligation is discussed in the Code, which follows directly.

Conclusion I gives the number of the section that deals with informing the arrested person of the grounds of arrest and the right to bail, as Section 50. The statements do not state the section number or the right to bail, so that conclusion adds a fact and does not follow. So only Conclusion II follows.