Arrest Rights — Set 1
Police GK · गिरफ्तारी अधिकार · Questions 1–10 of 40
Under which section of the CrPC is the police officer required to prepare a Memorandum of Arrest?
Correct Answer: C. Section 41B
Section 41B of the CrPC mandates that every police officer making an arrest must prepare a Memorandum of Arrest. This document must be attested by at least one witness who is a family member or a respectable locality member. It ensures the arrest is recorded formally and transparently.
Which legal provision restricts the police from arresting a woman after sunset and before sunrise?
Correct Answer: D. Section 46(4) CrPC
Section 46(4) of the CrPC states that no woman shall be arrested after sunset and before sunrise except in exceptional circumstances. Even in such cases, a woman police officer must obtain prior permission from a Judicial Magistrate. This provision aims to protect the dignity and safety of women.
According to the D.K. Basu guidelines, what must a police officer bear while performing an arrest?
Correct Answer: C. Accurate and visible identification nametag
The D.K. Basu guidelines require police personnel to wear accurate, visible, and clear identification and name tags with their designations. This ensures accountability and allows citizens to identify the arresting officer easily. Failure to do so is a violation of the established arrest procedures.
What is the maximum duration a police officer can detain a person in custody without a magistrate's order under Section 57 CrPC?
Correct Answer: D. 24 hours
Section 57 of the CrPC strictly prohibits the police from detaining a person for more than 24 hours without a magistrate's authorization. This time period excludes the time necessary for the journey from the place of arrest to the magistrate's court. This rule prevents illegal detention by the police.
Which section of the CrPC allows a private person to arrest someone who commits a non-bailable and cognizable offense in their presence?
Correct Answer: C. Section 43
Section 43 of the CrPC empowers any private individual to arrest a person who commits a non-bailable and cognizable offense in their presence. The private person must hand over the arrested individual to the police immediately. This provision involves citizens in maintaining law and order.
If a person is arrested for a bailable offense, what is their immediate right under Section 50(2) CrPC?
Correct Answer: C. To be released on bail
Section 50(2) of the CrPC states that if a person is arrested for a bailable offense, the police must inform them of their right to be released on bail. The person can arrange for sureties to secure their release. This ensures that citizens are aware of their liberty rights in minor offenses.
Who has the authority to order the medical examination of an arrested person at the request of the arrested person?
Correct Answer: D. The Magistrate
Under Section 54 of the CrPC, if an arrested person alleges physical harm, the Magistrate can order a medical examination. This examination serves as evidence to prove or disprove claims of police torture. It is a crucial safeguard against custodial violence.
Under Section 41A CrPC, what is issued by the police instead of arresting a person for offenses punishable with up to 7 years imprisonment?
Correct Answer: C. Notice of Appearance
The police issue a Notice of Appearance under Section 41A CrPC directing the person to appear before the investigating officer. If the person complies with the notice, they are generally not arrested unless necessary. This reduces unnecessary arrests in less serious cases.
Which article of the Indian Constitution grants protection against self-incrimination to an arrested person?
Correct Answer: D. Article 20(3)
Article 20(3) of the Constitution states that no person accused of an offense shall be compelled to be a witness against themselves. This is known as the right against self-incrimination or the right to silence. It protects the accused from being forced to confess.
Under Section 46 CrPC, how much force can be used by a police officer to effect an arrest if the person resists?
Correct Answer: D. Necessary force but not causing death (unless for life/death sentences)
Section 46 allows the police to use all means necessary to effect the arrest if the person resists. However, this does not authorize causing death unless the person is accused of an offense punishable with death or life imprisonment. The force used must be proportional to the resistance.