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S is accused of criminal breach of trust under section 316(2) of the Bharatiya Nyaya Sanhita, 2023. S…

Under the proviso to section 190(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer takes security for appearance when the accused is outside custody. The…

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S is accused of criminal breach of trust under section 316(2) of the Bharatiya Nyaya Sanhita, 2023. S has complied with a notice to appear, cooperated throughout the investigation and remains out of custody. There are no separate grounds to arrest S. What should the investigating officer do about custody when forwarding the police report?

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Answer and explanation

Correct answer C

Under the proviso to section 190(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer takes security for appearance when the accused is outside custody. The Magistrate cannot refuse the report merely because the accused was not taken into custody.

The grounds for arrest are governed separately by section 35. Filing the report alone supplies no ground for arrest.

Option feedback

Option A

Arrest is not required just to forward the report. The accused’s non-bailable classification does not change that conclusion.

Option B

No warrant is required to place S in custody merely to forward the report.

Option C

Section 190(1) allows the report to be forwarded without custody and requires security for appearance. Section 35 separately governs arrest.

Option D

Anticipatory bail is not a prerequisite for forwarding the report without custody.

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