A police officer, X, while investigating on a matter of house trespass, locates a person who looks…
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 41 of the Code of Criminal Procedure, 1973) permits arrest without a warrant for a cognizable…
Choose your answer
A police officer, X, while investigating on a matter of house trespass, locates a person who looks exactly same as the person in the video recording that was attached with the complaint on the basis of which FIR was registered. Which one of the following statements is most appropriate regarding the arrest of the person ?
Answer and explanation
Correct answer A
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 41 of the Code of Criminal Procedure, 1973) permits arrest without a warrant for a cognizable offence where the statutory conditions are met, including a reasoned belief that the person committed it. For an offence punishable up to seven years, the officer must also establish a listed necessity for arrest and record the reasons. Resemblance to the recorded person may support identification, but does not make arrest automatic or require conclusive trial-level proof first.
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