Arrest Rights — Set 3
Police GK · गिरफ्तारी अधिकार · Questions 21–30 of 40
Which Article of the Constitution mandates that an arrested person must be produced before a magistrate within 24 hours?
Correct Answer: C. Article 22
Article 22(2) of the Constitution requires that every person arrested must be produced before the nearest magistrate within 24 hours. This is a fundamental right to prevent illegal police custody. Failure to do so makes the detention unconstitutional.
What is the primary distinction regarding arrest between a cognizable and a non-cognizable offense?
Correct Answer: A. Warrant is required for non-cognizable
In a cognizable offense, the police can arrest a person without a warrant. For a non-cognizable offense, the police have no authority to arrest without a warrant from a magistrate. This distinction classifies offenses based on their seriousness.
The Supreme Court judgment in 'D.K. Basu vs. State of West Bengal' is famous for laying down guidelines on?
Correct Answer: A. Arrest and Custody
The D.K. Basu vs. State of West Bengal case is a landmark judgment concerning the rights of arrested persons. It laid down specific guidelines that police must follow during arrest and detention. These guidelines aim to prevent custodial torture and ensure transparency.
Which writ can be filed in court to seek the release of a person unlawfully detained?
Correct Answer: D. Habeas Corpus
The writ of Habeas Corpus, meaning 'to have the body,' is used to protect individual liberty. It commands the authority detaining a person to produce them before the court. If the detention is found illegal, the court orders immediate release.
Under Article 22(1), an arrested person has the right to consult and be defended by whom?
Correct Answer: C. A Legal Practitioner
Article 22(1) guarantees the arrested person the right to consult and be defended by a legal practitioner of their choice. This ensures fair representation and legal aid during the justice process. Denying this right violates the fundamental principles of justice.
Generally, can a male police officer touch a woman while making an arrest?
Correct Answer: B. No, generally prohibited
The correct answer is 'No, generally prohibited'. The proviso to Section 46(1) CrPC states that where a woman is to be arrested, her submission to custody shall be presumed on oral intimation. Unless the circumstances require otherwise, a police officer (male) shall not touch the person of the woman. This is to maintain the modesty of women.
What does the term 'Bailable Offense' imply regarding the right to bail?
Correct Answer: A. Bail is a matter of right
In bailable offenses, granting bail is a matter of right for the accused, not discretion. The police officer or the court is bound to release the person if they are prepared to give bail. These are usually less serious offenses.
What is the full form of FIR?
Correct Answer: B. First Information Report
FIR stands for First Information Report. It is a written document prepared by the police when they receive information about the commission of a cognizable offense. It sets the criminal justice process in motion.
Is the use of handcuffs mandatory for every arrest?
Correct Answer: B. No, only in extreme cases
Handcuffing is not mandatory and should not be used routinely for every arrest. The Supreme Court has ruled that handcuffs should only be used in extreme cases where there is a clear risk of escape or violence. Routine handcuffing is considered a violation of human dignity.
Which section of the CrPC obligates the police to inform the arrested person of the grounds of arrest?
Correct Answer: C. Section 50
Section 50 of the CrPC makes it mandatory for a police officer arresting a person without a warrant to communicate the full particulars of the offense. The person must know why they are being deprived of their liberty. This is a fundamental procedural safeguard.