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X is caught red-handed while stealing gold jewellery from the gifts of the bride received by her in…

Section 41(1) of the BNSS applies when an offence occurs in a Magistrate’s presence within the Magistrate’s local jurisdiction. An Executive Magistrate may personally arrest…

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X is caught red-handed while stealing gold jewellery from the gifts of the bride received by her in wedding reception. In the reception, Y, the Executive Magistrate of the area, was also present. Y can :
1. Himself arrest X
2. Order any person to arrest X
3. Commit X to custody, subject to the provisions of bail
Which of the statements given above is/are correct ?

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Answer and explanation

Correct answer B

Section 41(1) of the BNSS applies when an offence occurs in a Magistrate’s presence within the Magistrate’s local jurisdiction. An Executive Magistrate may personally arrest the offender or order another person to do so, and may then commit the offender to custody subject to the bail provisions. All three stated powers therefore apply to the theft witnessed at the reception.

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