Arrest Rights — Set 4
Police GK · गिरफ्तारी अधिकार · Questions 31–40 of 40
What constitutes an 'arrest' in legal terms?
Correct Answer: B. Deprivation of liberty by legal authority
Arrest is defined as the deprivation of a person's liberty by legal authority. It involves taking a person into custody for the purpose of holding them to answer a criminal charge. Mere questioning does not amount to arrest.
If an accused is poor and cannot afford a lawyer, what does the State provide?
Correct Answer: B. Free Legal Aid
Under Article 39A and the Legal Services Authorities Act, the State must provide free legal aid to those who cannot afford it. This ensures that economic disability does not deny anyone access to justice. The Magistrate has a duty to inform the accused of this right.
Can a police officer arrest a person who is accused of a non-cognizable offense without a warrant?
Correct Answer: B. No, never
The correct answer is 'No, never'. A police officer cannot arrest a person accused of a non-cognizable offense without a warrant. They must obtain an order from a Magistrate to investigate or arrest in such cases. These offenses are generally less serious in nature.
What is a 'Zero FIR'?
Correct Answer: A. An FIR registered irrespective of jurisdiction
A Zero FIR can be registered in any police station regardless of the place of the incident (jurisdiction). It is later transferred to the relevant police station for investigation. This ensures that the victim is not denied immediate help due to jurisdictional issues.
Who issues an arrest warrant?
Correct Answer: B. The Court / Magistrate
An arrest warrant is a written order issued by a Court or a Magistrate. It authorizes a police officer or another person to arrest the individual named in the warrant. Police cannot issue warrants themselves.
Under Article 21, no person shall be deprived of life or personal liberty except according to?
Correct Answer: B. Procedure established by law
Article 21 states that no person shall be deprived of life or personal liberty except according to the procedure established by law. This is the bedrock of fundamental rights regarding arrest and detention. It ensures the rule of law prevails over arbitrary action.
What is the maximum period of police custody (remand) a Magistrate can authorize at one time?
Correct Answer: B. 15 days
Under Section 167 CrPC, a Magistrate can authorize police custody for a maximum of 15 days in the whole. After this period, if detention is required, it must be judicial custody. This prevents prolonged police interrogation and potential abuse.
If a woman is arrested, where should she be kept in custody?
Correct Answer: A. In a separate lock-up for women
A female arrestee must be kept in a separate lock-up meant for women. If no separate lock-up is available, she should be kept in a separate room under the guard of a female constable. This is to ensure her safety and privacy.
Which section of the CrPC deals with the procedure when police cannot complete the investigation in 24 hours?
Correct Answer: C. Section 167
Section 167 of the CrPC lays down the procedure when an investigation cannot be completed within 24 hours. It requires the police to produce the accused before a Magistrate for further orders on custody. This is a critical check on police power.
Is the arrested person entitled to a receipt for items seized from them during a search?
Correct Answer: C. Yes, for all seized items
Yes, under Section 51 CrPC, the police must give a receipt to the arrested person for all articles seized from their possession. This ensures accountability for the personal property of the accused. It prevents theft or misappropriation of the detainee's belongings.