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      Question

      As per Section 36(2)-(3) of the BNSS, 2023, what are the

      mandatory requirements for preparing the memorandum of arrest?
      A The memorandum is optional and may be prepared at the police officer's discretion Correct Answer Incorrect Answer
      B The memorandum must be prepared in writing, attested by at least one witness from the arrestee's family or a respectable resident of the locality, and countersigned by the arrested person Correct Answer Incorrect Answer
      C The memorandum requires only the police officer's signature; witness attestation is not mandatory Correct Answer Incorrect Answer
      D The memorandum is valid only if prepared by a Magistrate, not by the arresting officer Correct Answer Incorrect Answer
      E The arrested person has a right to refuse to countersign the memorandum Correct Answer Incorrect Answer

      Solution

      Section 36(2) provides: "the officer shall prepare a memorandum of arrest at the time of arrest and the same shall be attested by a witness...preferably a family member of the person arrested or, if family member is not available, by a respectable resident of the locality." Section 36(3) states: "the memorandum shall...be countersigned by the person arrested and shall also contain the date, time and place of arrest, grounds for arrest and details of recoveries, if any, made." This dual-signature requirement (witness + arrested person) ensures transparent, verifiable arrest procedures.

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