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    Question

    According to IPC in a cognizable offence a police

    officer_______.
    A May arrest an accused without warrant Correct Answer Incorrect Answer
    B Cannot arrest an accused without warrant Correct Answer Incorrect Answer
    C Can keep accused in police custody without a remand order Correct Answer Incorrect Answer
    D Is not required to produce accused before Magistrate Correct Answer Incorrect Answer

    Solution

    This is one of the most distinct features in cognizable cases as per s.41 of the CrPC, which deals with when can a police officer may arrest the accused without a warrant. Any police officer may without an order from a Magistrate and without a warrant, arrest any person- a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or b)    who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house- breaking; or c) who has been proclaimed as an offender either under this Code or by order of the State Government; or d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or f)     who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or h)  who, being a released convict, commits a breach of any rule made under sub- section (5) of section 356; or i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

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