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Under section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, assume the officer has the…

Section 35(1)(b) requires reason to believe the suspect committed the qualifying offence, a listed arrest necessity, and written reasons. Preventing further offending,…

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Under section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, assume the officer has the required complaint, information or suspicion AND reason to believe the person committed a cognizable offence punishable up to seven years. Which listed necessities can justify arrest with written reasons? (i) Preventing further offending. (ii) Proper investigation. (iii) Preventing disappearance of or tampering with evidence. (iv) Forcing an absconding co-accused to surrender.

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Correct answer C

Section 35(1)(b) requires reason to believe the suspect committed the qualifying offence, a listed arrest necessity, and written reasons. Preventing further offending, proper investigation and preserving evidence are listed. Compelling another accused to surrender supplies no such ground.

Option feedback

Option A

Evidence preservation is also expressly listed.

Option B

Prevention of further offending is also listed.

Option C

These three are listed; coercing another accused’s surrender is not.

Option D

The coercive purpose is not a statutory necessity.

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