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Questions and Answers
A police officer can arrest a person without a warrant for any offense.
False
What is a cognizable offense?
An offense for which a police officer can arrest without a warrant.
In which case was it emphasized that an arrest without a warrant must be based on reasonable justification?
What must happen to a person arrested by police?
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Under what circumstances can a private citizen arrest someone?
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Magistrates can order arrest without any formal complaint.
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What principle was established in the case of State of Punjab v. Ajaib Singh?
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Study Notes
Arrest by Police Officer Without Warrant
- Police officers can arrest a person without a warrant in several situations, including:
- When a cognizable offence is being committed
- When an offence is being committed in the officer's presence
- When there is reasonable suspicion that the person is involved in a crime or planning one.
- The Supreme Court case of Joginder Kumar v. State of UP (1994) highlights that arrest without a warrant must be based on a reasonable justification, not just suspicion.
Arrest by Magistrate
- Magistrates can order the arrest of a person within their jurisdiction, even without a formal complaint or police report:
- If someone has committed a crime in their presence
- If someone is accused of a crime and avoiding arrest.
- The case of State of Punjab v. Ajaib Singh (1953) establishes that magistrates have the power to order arrest if they believe there is substantial evidence of involvement in a cognizable offence.
Arrest by Private Person
- Private citizens can arrest a person under specific conditions:
- If a person is committing a cognizable offense in their presence
- If a person is a proclaimed offender.
- The case of Kedarnath v. State of West Bengal (1953) emphasizes the rare circumstances under which private citizens can lawfully arrest someone.
Procedure after Arrest
- The arrested person must be informed of the grounds for arrest.
- The arrested person must be presented before a Magistrate within 24 hours of arrest (excluding travel time).
- The case of D.K. Basu v. State of West Bengal (1997) establishes guidelines to prevent custodial torture and abuse, emphasizing the importance of transparency in arrest procedures, including immediate communication of arrest details to a relative or friend.
BNSS, 2023
- The Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, aims to replace the Code of Criminal Procedure (CrPC), 1973.
- Sections 35 to 62 of the BNSS are similar to Chapter V of the CrPC, which deals with the arrest of persons.
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Description
This quiz covers the rules and conditions under which police officers and magistrates can arrest individuals without a warrant. It explores key legal cases, such as Joginder Kumar v. State of UP and State of Punjab v. Ajaib Singh, highlighting the standards for reasonable suspicion and substantial evidence. Test your knowledge on these important aspects of criminal law.
