Arrest Of Persons MCQ Quiz in मल्याळम - Objective Question with Answer for Arrest Of Persons - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is D. K. Basu V. State of West Bengal

Key Points

• Landmark Judgment: In the case of D.K. Basu v. State of West Bengal, AIR 1997 SC 610, the Supreme Court of India termed custodial death as one of the worst crimes in a civilized society governed by the rule of law.
• Context: The case was filed as a Public Interest Litigation (PIL) addressing the increasing number of custodial deaths and torture in police custody.
• Key Outcome: The Court laid down detailed guidelines to be followed during arrest and detention to prevent torture and deaths in custody.
• Quote: The Court explicitly stated that custodial violence is a crime against humanity and is an affront to human dignity.

Additional Information

• Ajit Singh v. State of Punjab: Not related to custodial death; it dealt with individual criminal liability.
• Maneka Gandhi v. Union of India: Concerned with personal liberty under Article 21, not custodial violence.
• Indira Sawhney v. Union of India: Related to reservation and backward class identification, not police custody or deaths.

The correct answer is 'Not empowered.'

Key Points

• Empowerment of Police Officers in Releasing Accused:
  • In the context of the Code of Criminal Procedure, 1973 (CrPC), a police officer does not have the authority to release an accused who has been arrested for a non-bailable offence.
  • The power to grant bail in the case of non-bailable offences primarily lies with the courts, not the police officers.
  • This ensures that the judicial process is followed, maintaining the integrity of the legal system and ensuring that the rights of the accused are protected under judicial oversight.

Additional Information

• Explanation of Other Sections:
  • Sec. 437(1): This section deals with the powers of the courts to grant bail to a person accused of a non-bailable offence. It stipulates conditions under which bail can be granted, including considerations of the nature and gravity of the offence, the character of the accused, and the likelihood of the accused fleeing from justice.
  • Sec. 437(2): This clause allows for the release on bail of a person accused of a non-bailable offence if it appears to the court that there are no reasonable grounds for believing that the accused has committed the offence. However, the court can impose conditions as it deems necessary.
  • Sec. 437(3): This section provides for additional conditions that the court may impose when granting bail under Sec. 437(1) or Sec. 437(2), such as ensuring that the accused does not leave the jurisdiction without permission, and that they attend court as required.

The correct answer is D.K. Basu v. State of West Bengal

Key Points

D.K. Basu, then Executive Chairman of Legal Aid Services, West Bengal, wrote a letter to the Supreme Court highlighting incidents of custodial deaths and requesting preventive measures. The Court treated it as a Public Interest Litigation (PIL).
Guidelines Laid Down by the Supreme Court:
The Court issued 11 mandatory guidelines to be followed during arrest and detention, including:

• Police must bear accurate identification with name tags.
• A memo of arrest must be prepared and attested by a witness.
• Right to inform a friend/relative of the arrest.
• Arrest details must be recorded in a diary.
• Medical examination of the arrestee every 48 hours.
• Copies of arrest memo must be sent to the Magistrate.
• The arrestee should be informed of their rights.
• Legal aid must be provided.
• The arrestee has a right to meet their lawyer during interrogation (though not throughout).
• A police control room must maintain information of the arrested person.​​

Additional Information

• Maneka Gandhi v. Union of India (1978): Concerned right to travel abroad and due process under Article 21, not arrest rights specifically
• Thakur Ram v. State of Bihar (1966): Related to private complaints and criminal prosecution, not rights of arrested persons.
• ADM Jabalpur v. Union of India (1976): Infamously held that fundamental rights could be suspended during Emergency, and did not protect rights of arrested persons—in fact, went against them.

The correct answer is section 43.

Key Points

• Section 43 of the Code of Criminal Procedure (CRPC) empowers a private person to arrest.
• Under this section, a private person can arrest any individual who in his presence commits a non-bailable and cognizable offence.
• The person making the arrest must immediately hand over the arrested individual to a police officer or take him to the nearest police station.
• This provision ensures that even civilians have the authority to act in the interest of law enforcement under specific circumstances.

Additional Information

• Code of Criminal Procedure (CRPC)
  • The CRPC is the main legislation on procedure for administration of substantive criminal law in India.
  • It was enacted in 1973 and came into force on 1 April 1974.
  • The CRPC provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty.
• Non-bailable offence
  • An offence in which bail is not a matter of right and is granted only at the discretion of the court.
  • Examples include serious crimes like murder, rape, and kidnapping.
• Cognizable offence
  • An offence for which a police officer can arrest without a warrant and start an investigation with or without the permission of a court.
  • Examples include theft, robbery, and assault.

The correct answer is Section 53A

Key PointsSection 53 A relates to examination of person accused of rape by registered medical practitioner

It states that : 

1. When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

• the name and address of the accused and of the person by whom he was brought,
• the age of the accused,
• marks of injury, if any, on the person of the accused,
• the description of material taken from the person of the accused for DNA profiling, and”.
• other material particulars in reasonable detail.

The correct answer is Members of Armed Forces.

Key Points

• Section 45 of the Cr.P.C. provides for the Protection of members of the Armed Forces from arrest.
• It states that —(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
  (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

The correct answer is Who is offender of Non-cognizable case.

Key Points

• Section 41 of the Code of Criminal Procedure, 1973, provides for When police may arrest without warrant.
• It states that —(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
  (a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
  (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
  (ii) the police officer is satisfied that such arrest is necessary—
  (a) to prevent such person from committing any further offence; or
  (b) for proper investigation of the offence; or
  (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
  (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
  (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:
  Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.;
  (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or
  (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
  (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
  (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
  (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
  (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or
  (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
  (2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

The correct answer is Adult male member of his family.

Key Points

• Section 64 of the Cr.P.C. provides for the Service when persons summoned cannot be found.
• It states that —Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
  Explanation.—A servant is not a member of the family within the meaning of this section.

The correct option is Option 1.

Key Points

• The CrPC provides for the powers of a police officer to arrest with or without a warrant but at the same time, such an officer has to follow certain provisions regarding the procedure of an arrest and also how such arrest can be made. 
• If a person is arrested in connection with an allegation of an offence his rights are put to restrictions.
• The Constitution of India affords certain fundamental rights to every person and such rights cannot be restricted even if such person is accused of an offence.
• The rights of an arrested person under the CrPC are:-
  • No unnecessary restraint or force is to be used as per sections 49 and 46 of CrPC.
  • It provides that any person who is to be arrested under the CrPC shall not be subjected to any unnecessary restraint.
  • If a person is to be arrested the police officer or any other person arresting shall not use unnecessary restraints such as handcuffing. 
  • No unnecessary force shall be used against such person if the situation does not demand. 
  • A right to be informed about the grounds of an arrest and right to bail under section 50.
  • Any person who is to be arrested by a police officer without a warrant shall be informed of an offence and other such grounds for his arrest.
  • If a person is arrested for an offence other than a non-bailable offence, the police officer shall inform him that he has a right to get bail and he shall arrange for the sureties.
  • A right to inform any relative or friend about the arrest under sections 50A and 41B.
  • Whenever a person is arrested he shall be informed by the police officer that he has the right to inform any friend or relative about his arrest.
  • The police officer shall also make entries in the register prescribed by the State government to record such details as to who was informed about the arrest and any magistrate before whom such person is brought shall make sure that such compliance has been made.
  • Protection of Health and Safety under section 55A.

The correct answer is option 3.Key Points

•  Section 41C was Inserted by s. 6, (w.e.f. 1-11-2010)
• Section 41C of Criminal Procedure Code 1973 deals with control room at districts.
• (1) The State Government shall establish a police control room:
  • In every district; and
  • At State level.
• (2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.
• (3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.