Question

In the landmark case Kedarnath v. State of Bihar (1962),

Q: Answer-In the landmark case Kedarnath v. State of Bihar (1962), the Supreme Court addressed the scope of ar...

In Kedarnath v. State of Bihar 1962, the Supreme Court distinguished arrest from investigation, establishing that arrest is not an automatic consequence of suspicion. The judgment laid the foundation for the principle that investigation can proceed without arrest in many cases, particularly for non-cognizable offences and lesser offences. This principle emphasizes that arrest should be the exception, not the rule. It has been codified in BNSS Section 35 which limits arrest in cognizable offences and in modern jurisprudence emphasizing alternatives to arrest for non-serious crimes. The landmark decision protects personal liberty by preventing arbitrary arrests without reasonable grounds.

the Supreme Court addressed the scope of arrest powers and the distinction between arrest and investigation. The Court established that: Which principle regarding arrest and investigation was established in Kedarnath v. State of Bihar?

A Arrest is a necessary precondition to every investigation; police cannot investigate without first arresting the person.

B Arrest and investigation are distinct concepts; arrest is not mandatory for investigation in all cases, and other alternatives to arrest should be considered.

C Police officers have absolute discretion to arrest without any judicial oversight or accountability.

D Arrested persons cannot claim violation of arrest procedures if investigation ultimately proves the charge.

E Arrest is justified once the police officer forms suspicion of guilt, regardless of evidence strength.

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