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A police officer reasonably suspects a person of being a deserter from the Armed Forces of the Union.…

Section 35(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises warrantless arrest on reasonable suspicion of desertion without requiring prior sanction for that…

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A police officer reasonably suspects a person of being a deserter from the Armed Forces of the Union. Under section 35(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whose prior sanction does that ground of arrest require?

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Correct answer D

Section 35(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises warrantless arrest on reasonable suspicion of desertion without requiring prior sanction for that ground.

Section 42 deals separately with arrest for acts done or purportedly done in discharge of official duties.

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Option A

Section 35(1)(g) does not require sanction from a commanding officer.

Option B

The provision does not require State Government sanction for this ground of arrest.

Option C

The provision does not require Central Government sanction. The protection for acts in discharge of official duties concerns a distinct situation.

Option D

Reasonable suspicion of desertion is an independent ground for warrantless arrest under the provision.

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