Question
Consider the following statements regarding the arrest
of a person under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: A police officer may arrest a person without a warrant only for cognizable offences. Statement 2: A police officer may arrest a person without a warrant in non-cognizable offences if authorized by a Magistrate. Statement 3: Arrest without warrant can be made for any offence if the police officer has reason to believe that the person has committed the offence. Statement 4: A police officer's discretion to arrest for cognizable offences is absolute; the officer need not consider alternatives to arrest. Which statements are correct?Solution
Section 35 of BNSS, 2023 provides that a police officer may arrest without warrant for cognizable offences. Statement 1 is correct—this is the general rule. Section 174 allows police to investigate non-cognizable offences if authorized by a Magistrate, making Statement 2 correct. Statement 3 is incorrect because for non-cognizable offences, a Magistrate's authorization is required, not mere suspicion. Statement 4 is incorrect because Section 35 emphasizes that arrest should be made "in accordance with the First Schedule" and that an arrest is an exception, not a general rule; alternatives to arrest should be considered, particularly for lesser offences. Statements 1 and 2 are correct.
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