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      Question

      Under Section 36 of the BNSS, 2023, which of the

      following is NOT a mandatory requirement for a police officer while making an arrest? 
      A Bear an accurate, visible and clear identification of his name to facilitate easy identification Correct Answer Incorrect Answer
      B Prepare a memorandum of arrest attested by at least one witness Correct Answer Incorrect Answer
      C Ensure that the memorandum is counter-signed by the person arrested Correct Answer Incorrect Answer
      D Provide the arrested person written confirmation of charges within 6 hours of arrest Correct Answer Incorrect Answer
      E Inform the arrested person of their right to have a relative or friend informed of the arrest Correct Answer Incorrect Answer

      Solution

      Explanation: Section 36(c) of the BNSS mandates that the police officer must inform the person arrested of their right to have a relative or friend informed of the arrest, but does NOT require written confirmation of charges within 6 hours. The three mandatory requirements under Section 36 are: (i) bearing visible identification (Section 36(a)); (ii) preparing a memorandum of arrest attested by a witness from the family or a respectable local resident (Section 36(b)(i)); and (iii) obtaining the counter-signature of the arrested person (Section 36(b)(ii)). Written confirmation of charges is governed by different procedural requirements, not by Section 36.

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