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A police officer independently satisfies the conditions to arrest a person without warrant under…

Section 55(1) applies when the officer in charge of a police station or an investigating police officer directs a subordinate to make a lawful warrantless arrest outside the…

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A police officer independently satisfies the conditions to arrest a person without warrant under section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The officer acts on that power without a superior deputing the arrest. How does section 55 apply?

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Answer and explanation

Correct answer B

Section 55(1) applies when the officer in charge of a police station or an investigating police officer directs a subordinate to make a lawful warrantless arrest outside the directing officer’s presence. Section 55(2) preserves a police officer’s independent arrest power under section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Option A

A written order is required by section 55(1) for the specified deputation, rather than for this independent arrest.

Option B

Section 55(2) expressly preserves the arrest power under section 35.

Option C

Section 55 governs a procedure for a particular type of arrest without warrant. It does not require a warrant here.

Option D

Section 55(2) preserves the power of a police officer who meets section 35.

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