Multiple choice

Consider the following statement(s).

A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary

(i) to prevent such person from committing any further offence (ii) for proper investigation of the offence (iii) to prevent such person from tampering with or causing the evidence of the offence to disappear (iv) to compel the absconding co-accused to surrender

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (ii) and (iii)

  3. (i), (ii) and (iii)

  4. (i), (ii), (iii) and (iv)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under CrPC Section 41(1)(a), a police officer may arrest without warrant for a cognizable offence punishable with imprisonment extending to 7 years if the arrest is necessary for: (i) preventing further offence, (ii) proper investigation, OR (iii) preventing evidence tampering. Compelling absconding co-accused to surrender (iv) is not mentioned in Section 41(1)(a) - that requires different procedures like proclamation under Section 82. Only (i), (ii) and (iii) are correct.

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