Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in which of the following circumstances does a…
Section 39 of the BNSS (formerly section 42 CrPC) allows a police officer to arrest a person who commits a non-cognizable offence in the officer’s presence and refuses to…
Choose your answer
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in which of the following circumstances does a police officer have power to arrest any person who has committed or has been accused of committing a non-cognizable offence?
Answer and explanation
Correct answer B
Section 39 of the BNSS (formerly section 42 CrPC) allows a police officer to arrest a person who commits a non-cognizable offence in the officer’s presence and refuses to give his name and residence, or gives particulars believed to be false. The arrest enables the officer to establish identity. Once identity is established, the section provides for release on the required bond rather than unrestricted detention.
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