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
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
C The police officer can arrest based on assumption; no written reasons are required
D Arrest can be made only with permission from a Magistrate
E The accused must have previously been convicted of a cognizable offence before arrest is permissible
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