Multiple choice

On an application made by a person apprehending arrest on an accusation of having committed a non-bailable offence, the High Court or the Court of Sessions may, under Section 438 of the CrPC, give the direction that

  1. he shall not be arrested till further order

  2. he shall be released on bail without taking him into custody

  3. in the event of such arrest, he shall be released on bail

  4. in the event of such arrest, he shall be released on bail three days after the arrest

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: No such provision is provided under the Code of Criminal Procedure. Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time, while in the custody of such officer to give bail, he shall be released on bail. Option (3) is correct: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, he shall be released on bail. Option (4) is incorrect: Code of Criminal Procedure does not provide any provision of three days.