Question

    Under Section 35 of the BNSS, 2023, what conditions must

    be satisfied for a police officer to arrest without warrant a person accused of a cognizable offence punishable with imprisonment of 3 to 7 years?
    A Police officer must merely suspect the person committed the offence Correct Answer Incorrect Answer
    B The police officer must have reason to believe on the basis of complaint, credible information, or reasonable suspicion that the person committed the offence, AND must be satisfied that arrest is necessary for one of five statutory grounds (preventing further offences, proper investigation, preventing evidence tampering, preventing inducement/threat, or ensuring court attendance), AND must record reasons in writing Correct Answer Incorrect Answer
    C The police officer can arrest based on assumption; no written reasons are required Correct Answer Incorrect Answer
    D Arrest can be made only with permission from a Magistrate Correct Answer Incorrect Answer
    E The accused must have previously been convicted of a cognizable offence before arrest is permissible Correct Answer Incorrect Answer

    Solution

    Section 35(1) of the BNSS provides: "Any police officer may without an order from a Magistrate and without a warrant, arrest any person (c) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists...and is satisfied that such arrest is necessary...to prevent such person from committing any further offence; for proper investigation of the offence; to prevent such person from causing evidence to disappear or tampering with evidence; to prevent inducement/threat to witnesses; or to ensure court attendance." The statute requires  dual satisfaction : (i) reason to believe commission; (ii) necessity for one of five grounds. Critically, "the police officer  shall record while making such arrest, his reasons in writing .

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