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What did the Supreme Court hold in Ahmed Noormohmed Bhatti v. State of Gujarat (2005) about the facial…

The Supreme Court upheld section 151 against the challenge under Articles 21 and 22. The Court emphasized its statutory safeguards, including knowledge of a design to commit…

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What did the Supreme Court hold in Ahmed Noormohmed Bhatti v. State of Gujarat (2005) about the facial validity of section 151 of the Code of Criminal Procedure, 1973?

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Answer and explanation

Correct answer A

The Supreme Court upheld section 151 against the challenge under Articles 21 and 22.

The Court emphasized its statutory safeguards, including knowledge of a design to commit a cognizable offence and apparent inability to prevent it otherwise.

The Court distinguished validity of the provision from improper exercise of the power in an individual case.

Option feedback

Option A

The Supreme Court upheld the preventive arrest provision against the constitutional challenge.

Option B

The Supreme Court rejected that challenge and did not strike down the provision.

Option C

The Court upheld the limited preventive power even though the section does not require a Magistrate's prior order.

Option D

The Court upheld a provision that specifically permits preventive arrest without a warrant when its conditions are met.

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