Under section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what combination must an offence…
Section 40(1) requires both non-bailability and cognizability when the arrest is based on an offence committed in the private person’s presence. A proclaimed offender is a…
Choose your answer
Under section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what combination must an offence committed in a private person’s presence satisfy for that person to arrest on that ground?
Answer and explanation
Correct answer C
Section 40(1) requires both non-bailability and cognizability when the arrest is based on an offence committed in the private person’s presence. A proclaimed offender is a separate statutory ground. The offence requirements must be met together.
Option feedback
Option A
A bailable cognizable offence does not satisfy the stated conjunction.
Option B
A non-cognizable non-bailable offence does not satisfy the stated conjunction.
Option C
Section 40(1) requires the offence to be both non-bailable and cognizable.
Option D
The rule requires cognizability.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision