A police officer arrested and detained a girl in the lock-up despite bail order. The police officer…
Under Section 127(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 340 of the Indian Penal Code, 1860), whoever wrongfully restrains any person in such a manner as…
Choose your answer
A police officer arrested and detained a girl in the lock-up despite bail order. The police officer shall be guilty of
Answer and explanation
Correct answer D
Under Section 127(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 340 of the Indian Penal Code, 1860), whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is said to wrongfully confine that person, which is punishable under Section 127(2) (formerly Section 342 IPC). Detaining a person in a police lock-up despite a valid bail order is unlawful and restricts the person within circumscribed limits, making the police officer guilty of wrongful confinement. Kidnapping (Section 137 BNS), abduction (Section 138 BNS), and criminal intimidation (Section 351 BNS) require different statutory elements that are not constituted merely by illegal detention in a lock-up.
Practice for these exams
-
UGC NET Law
See pack details on LawMint.net -
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision