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ARREST OF PERSONS

CHAPTER V

35. When police may arrest without warrant
36. Procedure of arrest and duties of officer making arrest

37. Designated police officer

38. Right of arrested person to meet an advocate of his choice during interrogation

39. Arrest on refusal to give name and residence

40. Arrest by private person and procedure on such arrest

41. Arrest by Magistrate

42. Protection of members of Armed Forces from arrest

43. Arrest how made

44. Search of place entered by person sought to be arrested

45. Pursuit of offenders into other jurisdictions

46. No unnecessary restraint

47. Person arrested to be informed of grounds of arrest and of right to bail

48. Obligation of person making arrest to inform about arrest, etc., to relative or friend

49. Search of arrested person

50. Power to seize offensive weapons

51. Examination of accused by medical practitioner at request of police officer

52. Examination of person accused of rape by medical practitioner

53. Examination of arrested person by medical officer

54. Identification of person arrested

55. Procedure when police officer deputes subordinate to arrest without warrant

56. Health and safety of arrested person

57. Person arrested to be taken before Magistrate or officer in charge of police station

58. Person arrested not to be detained more than twenty-four hours 59. Police to report apprehensions
60. Discharge of person apprehended
61. Power, on escape, to pursue and retake

62. Arrest to be made strictly according to Sanhita

A. 40 Basic Prelims Questions-Answers

  • Memory based

  • Logic Based

  • Statement based

CONTENTS

Based on Chapter V (Arrest of Persons) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 50 comprehensive practice questions designed to test memory, logic, and analytical skills.

ANSWERS ARE GIVEN IN THE END

Part A: Arrest without Warrant (Section 35)

1. A police officer may arrest any person without a warrant if that person commits a cognizable offence: 

A) In the presence of a Magistrate
B) In the presence of a police officer
C) Only if the offence is punishable with death
D) Only if a formal FIR has been registered

2. For a cognizable offence punishable with imprisonment for 7 years or less, an arrest is NOT mandatory unless the officer is satisfied that: 

A) The person is a habitual offender
B) Arrest is necessary to prevent the person from tampering with evidence
C) The victim demands the arrest
D) The offence was committed in public

3. Under Section 35(1), if an arrest is NOT made for an offence punishable with 7 years or less, the police officer must:

A) Obtain permission from the CJM
B) Record reasons in writing for not making the arrest
C) Release the person on a personal bond immediately
D) Inform the High Court

4. Credible information of a cognizable offence punishable with more than 7 years of imprisonment allows arrest if the officer has "reason to believe" the person committed it. This is provided under:

A) Section 35(1)(a)
B) Section 35(1)(b)
C) Section 35(1)(c)
D) Section 35(1)(g)

5. A person can be arrested without a warrant if they are reasonably suspected of being a deserter from: 

A) The Civil Service
B) Any of the Armed Forces of the Union
C) A private security firm
D) A foreign embassy

6. Section 35(7) introduces a protection for specific classes. No arrest shall be made without prior permission of an officer not below the rank of ______ if the offence is punishable with less than 3 years and the person is infirm or above 60 years of age. 

A) Inspector
B) Deputy Superintendent of Police
C) Superintendent of Police
D) District Magistrate

PART B: Procedure and Rights (Sections 36–41)

7. Every police officer making an arrest must prepare a memorandum of arrest. This memorandum must be attested by at least one witness who is: 

A) A Gazetted Officer
B) A family member or a respectable member of the locality
C) A person from the nearest police station
D) A lawyer

8. The State Government is mandated to establish a police control room at: 

A) Every police station level
B) Every district and at State level
C) Only in the State capital
D) Only in metropolitan areas

9. Who is responsible for maintaining information about arrested persons (names, addresses, nature of offence) at the district headquarters? 

A) The District Magistrate
B) A designated police officer not below the rank of Assistant Sub-Inspector
C) The Sessions Judge
D) The Public Prosecutor

10. An arrested person's right to meet an advocate of their choice during interrogation is: 

A) Absolute and throughout the interrogation
B) Discretionary and at the IO's choice
C) Allowed, but not throughout the interrogation
D) Only available if the offence is non-bailable

11. If a person commits a non-cognizable offence in the presence of a police officer and refuses to give their name and residence, they may be arrested under: 

A) Section 35
B) Section 39
C) Section 40
D) Section 43

12. A private person may arrest another person if that person, in their presence, commits: A) Any offence under the BNS
B) A non-bailable and cognizable offence
C) An act of public nuisance
D) Only a petty offence

13. When an arrest is made by a Magistrate (Executive or Judicial), they can arrest: 

A) Only for offences committed in their presence within their local jurisdiction
B) For any offence committed anywhere in the State
C) Only if they are accompanied by a police officer
D) Only for non-bailable offences

PART: C: Mode of Arrest and Handcuffs (Sections 42–46)

14. According to Section 43(1), in making an arrest, the officer shall "actually touch or confine the body" unless:

A) The person is a woman
B) There is submission to custody by word or action
C) The person is a public servant
D) The offence is bailable

15. Under the newly inserted Section 43(3), a police officer MAY use handcuffs while making an arrest or producing a person before court if the person is:

A) Accused of a petty offence
B) A first-time offender
C) A habitual or repeat offender or accused of organised crime/terrorist acts
D) A woman

16. Which of the following offences is NOT listed under Section 43(3) as a category where handcuffs can be used?

A) Murder
B) Rape
C) Defamation
D) Human trafficking

17. Except in exceptional circumstances, no woman shall be arrested after sunset and before sunrise. If such circumstances exist, who must give prior permission? 

A) Superintendent of Police
B) Magistrate of the first class
C) The High Court
D) The State Government

18. If a person to be arrested enters a place occupied by a female who, by custom, does not appear in public, the officer must: 

A) Wait for her to come out
B) Give notice to her that she is at liberty to withdraw before entering
C) Break the door immediately without notice
D) Call for a woman Magistrate

PART D: Search and Information (Sections 47–50)

19. Every police officer arresting without a warrant, except for a person accused of a non-bailable offence, must inform the arrested person that:

A) They are entitled to a free lawyer
B) They are entitled to be released on bail and may arrange for sureties
C) They must confess immediately
D) They have no rights until produced before a Magistrate

20. When an article is seized during the search of an arrested person under Section 49, the officer must: 

A) Forfeit it to the State immediately
B) Give a receipt showing the articles taken in possession
C) Deposit it with the District Magistrate within 1 hour
D) Destroy it if it is a mobile phone

21. A female can only be searched by: 

A) A police officer of the rank of Inspector
B) Any police officer in the presence of witnesses
C) Another female with strict regard to decency
D) A medical practitioner only

PART E: Medical Examination (Sections 51–53)

22. Under Section 51, "examination" of an accused at the request of a police officer includes: 

A) DNA profiling
B) Examination of blood, semen, and hair samples
C) Modern and scientific techniques
D) All of the above

23. The newly inserted Section 51(3) casts a duty on the registered medical practitioner to forward the examination report to: 

A) The Magistrate
B) The Accused
C) The Investigating Officer
D) The Sessions Judge

24. For the medical examination of a person accused of rape under Section 52, the examination must be conducted by a practitioner in a government-run hospital or, if unavailable within a radius of ______, by any other registered practitioner.

A) Five kilometres
B) Ten kilometres
C) Sixteen kilometres
D) Twenty kilometres

25. According to Section 53, soon after an arrest is made, the arrested person ______ be examined by a medical officer. 

A) May
B) Shall
C) Should, if they request
D) Shall, only if the offence is bailable

26. Who is entitled to receive a copy of the medical examination report prepared under Section 53?

A) Only the Police
B) The arrested person or a person nominated by them
C) Only the Court
D) The media

PART F: Identification and Detention (Sections 54–62)

27. If the person identifying an arrested person is mentally or physically disabled, the identification process must be: 

A) Conducted by the police alone
B) Supervised by a Magistrate and recorded by audio-video electronic means
C) Done only in a hospital
D) Dispensed with

28. Under Section 55, if an SHO requires a subordinate to arrest without a warrant, he must deliver ______ specifying the person and the offence. 

A) A verbal command
B) An order in writing
C) A search warrant
D) A copy of the FIR

29. The duty to take "reasonable care of the health and safety of the accused" lies with: 

A) The Magistrate
B) The Medical Officer
C) The person having the custody of the accused
D) The State Government

30. Section 58 mandates that an arrested person cannot be detained for more than 24 hours (excluding journey time) without: 

A) An order from the Superintendent of Police
B) A special order of a Magistrate under Section 187
C) Consent from the Public Prosecutor
D) A written confession

31. Officers in charge of police stations must report the cases of all persons arrested without warrant to: 

A) The High Court
B) The District Magistrate (or SDM if directed)
C) The State Home Department
D) The Director of Prosecution

32. If a person in lawful custody escapes, the person from whose custody they escaped may pursue and arrest them: 

A) Only within the local district
B) Only within the State
C) In any place in India
D) Only with a fresh warrant

PART G: Statement-Based and Assertion-Reasoning (Tough)

33. Consider the following statements regarding Section 35:

  • Statement I: A police officer can arrest someone for obstructing them in the execution of duty.

  • Statement II: A person liable to be apprehended under extradition law can be arrested without a warrant. 

Which is correct? 

A) Only I

B) Only II
C) Both I and II
D) Neither I nor II

34. Assertion (A): The BNSS requires videography of the recording of information from a disabled victim of a sexual offence.
       Reason (R): This is to ensure accuracy and protection of the victim's rights during the investigation.

A) Both A and R are true and R is the correct explanation.
B) Both A and R are true but R is not the correct explanation.
C) A is true, R is false.
D) A is false, R is true.

35. True or False: Under Section 60, an arrested person can be discharged on their own bond or bail bond without a Magistrate's order.

[True - Per Section 60, they can be discharged on their bond, bail bond, or special order of a Magistrate.]

36. Statement I: The use of audio-video electronic means for recording identification is mandatory for all suspects.
       Statement II: It is mandatory only if the identifying person is mentally or physically disabled.

A) Only I
B) Only II
C) Both I and II
D) Neither I nor II

37. Choose the correct option:
A police officer arrests 'X' for a non-cognizable offence because 'X' refused to give his name. Two hours later, 'X' gives his true name. The officer:
A) Must still take 'X' to the Magistrate
B) Must release 'X' on a bond or bail bond
C) Can keep 'X' for 24 hours
D) Must register an FIR for the refusal

38. Assertion (A): A woman cannot be arrested after sunset except in exceptional circumstances.
      Reason (R): In such cases, a male police officer must obtain oral permission from a DSP.

A) A is true, R is false.
B) A is false, R is true.
C) Both are true and R explains A.
D) Both are false.

[ R is false because it must be a woman police officer and permission from a Magistrate 1st Class in writing.]

 

39. Regarding Section 35(1)(b), which condition is NOT required for arresting someone for a cognizable offence punishable with 3 years? 

A) Prevention of further offences
B) Proper investigation
C) Ensuring presence in Court
D) The person must be a proclaimed offender

[Proclaimed offender falls under 35(1)(d), not 35(1)(b)]

40. True or False: A search under Section 185 by a police officer should preferably be recorded on a mobile phone.

[True - Per Section 185(2) Proviso.]

PART H: Logical and Analytical Skills

41. An officer arrests a person for a crime punishable with 10 years imprisonment. The officer HAS credible information but no "satisfaction" that the person will abscond. Can he arrest?

A) No, satisfaction is always required.
B) Yes, under Section 35(1)(c), credible information of an offence >7 years is sufficient if he has reason to believe.
C) Only if the Magistrate allows it.
D) No, he must give a notice first.

42. If a person is indigent and unable to furnish a surety for a bailable offence, the officer/Court:

A) Must keep them in jail
B) Shall discharge them on a personal bond without surety
C) Must reduce the bail amount by 50%
D) Must wait for a relative to arrive

43. A medical practitioner examines an accused and discovers evidence through DNA profiling. Is this admissible?

A) No, DNA profiling is not mentioned in the Sanhita.
B) Yes, Section 51 specifically includes DNA profiling in the definition of examination.
C) Only if the accused consents in writing.
D) Only in murder cases.

44. Which rank of police officer is designated to maintain the "Arrested Persons" display at every station? 

A) Constable
B) Head Constable
C) Assistant Sub-Inspector or above
D) Inspector

45. If a police officer arrests 'A' in Mumbai for an offence committed in Delhi and 'A' escapes in Jaipur during transit, the officer can: 

A) Only arrest 'A' if they have a new warrant
B) Pursue and arrest 'A' in any place in India
C) Only request the Jaipur police to arrest
D) Do nothing

46. Under Section 43(3), can handcuffs be used for a first-time offender accused of a petty theft? 

A) Yes, police discretion is absolute.
B) No, the section specifies habitual offenders or those committed for specific serious crimes.
C) Only if the offender is a male.
D) Only if the value is > ₹20,000.

47. When a Magistrate arrests someone under Section 41, they can commit that person to custody. To whom must they then send the person? 

A) The High Court
B) A competent Magistrate
C) The State Government
D) The Police Control Room

48. In case of doubt regarding the successor-in-office of a Magistrate, who decides? 

A) Sessions Judge
B) Chief Judicial Magistrate or District Magistrate
C) High Court
D) State Government

49. Statement I: The duty to inform a relative about an arrest is optional.
Statement II: The officer must inform the relative and also the designated police officer in the district.

A) I is true
B) II is true
C) Both are true
D) Both are false

50. Section 62 of the BNSS mandates that all arrests must be made: 

A) At the discretion of the SHO
B) Strictly according to the Sanhita or other laws providing for arrest
C) Only during daylight hours
D) Only if an FIR is lodged

Answers

1-B, 2-B, 3-B, 4-C, 5-B, 6-B, 7-B, 8-B, 9-B, 10-C, 11-B, 12-B, 13-A, 14-B, 15-C, 16-C, 17-B, 18-B, 19-B, 20-B, 21-C, 22-D, 23-C, 24-C, 25-B, 26-B, 27-B, 28-B, 29-C, 30-B, 31-B, 32-C, 33-C, 34-A, 35-True, 36-B, 37-B, 38-A, 39-D, 40-True, 41-B, 42-B, 43-B, 44-C, 45-B, 46-B, 47-B, 48-B, 49-B, 50-B.

 

To ensure complete coverage of Chapter V (Arrest of Persons) of the BNSS, 2023, here are 10 additional tough questions focusing on specific procedural details, protections for the armed forces, and new administrative duties.

Statement-Based Questions

Assertion and Reason Based Questions

 

I. Statement-Based Questions

Q1. Consider the following statements regarding the protection of members of the Armed Forces under Section 42:

  • Statement I: No member of the Armed Forces of the Union shall be arrested for anything done in the discharge of official duties except with the consent of the Central Government.

  • Statement II: The State Government may, by notification, extend this same protection to any category of forces charged with the maintenance of public order within that State. 

Which of the statements given above is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

Q2. Evaluate the following statements regarding the "Designated Police Officer" under Section 37:

  • Statement I: The State Government is mandated to designate a police officer in every district and at every police station to be responsible for maintaining arrest information.

  • Statement II: At the district headquarters, the designated officer must be of a rank not below Assistant Sub-Inspector.

 Which of the statements given above is/are correct?

 A) Only I B) Only II C) Both I and II D) Neither I nor II

Q3. Regarding the search of a place entered by a person sought to be arrested (Section 44):

  • Statement I: If ingress cannot be obtained, a police officer may break open any outer or inner door or window to search the premises.

  • Statement II: If the place is an apartment occupied by a pardanashin woman, the officer may enter immediately if he suspects the offender is hiding there. 

Which of the statements given above is/are correct?

 A) Only I B) Only II C) Both I and II D) Neither I nor II

Q4. Concerning the pursuit of offenders under Section 45 and Section 61:

  • Statement I: A police officer may pursue and arrest a person whom he is authorized to arrest without a warrant in any place in India.

  • Statement II: If a person escapes from lawful custody, the person from whose custody they escaped may pursue and arrest them only within the limits of the state where the escape occurred. 

Which of the statements given above is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

Q5. Regarding the identification of arrested persons under Section 54:

  • Statement I: Identification can be conducted by the police only after a person is formally charged in a Court of Session.

  • Statement II: If the person identifying the arrested person is mentally or physically disabled, the identification process must be videographed. 

Which of the statements given above is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

II. Assertion and Reason Based Questions

Q6. Choose the correct option:

  • Assertion (A): A police officer is prohibited from touching the person of a woman for making an arrest unless the circumstances require otherwise or the officer is a female.

  • Reason (R): Section 43(1) of the BNSS presumes submission to custody by a woman upon an oral intimation of arrest.

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

Q7. Choose the correct option:

  • Assertion (A): The use of handcuffs during arrest or production before a court is a mandatory requirement for all offenders accused of "offences against the State".

  • Reason (R): The newly inserted Section 43(3) allows the use of handcuffs for specific serious crimes, including terrorist acts and organized crime, but leaves it to the discretion of the officer based on the nature and gravity of the offence.

  • A) Both A and R are true, and R is the correct explanation of A.

  • B) Both A and R are true, but R is NOT the correct explanation of A.

  • C) A is false, but R is true.

  • D) A is true, but R is false.

Q8. Choose the correct option:

  • Assertion (A): A police officer cannot arrest a 65-year-old person for a crime punishable by two years of imprisonment without permission from a senior officer.

  • Reason (R): Section 35(7) mandates that for offences punishable by less than three years, permission from an officer not below the rank of Deputy Superintendent of Police is required if the person is above 60 years of age or infirm.

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

Q9. Choose the correct option:

  • Assertion (A): When a subordinate is deputed to make an arrest without a warrant, he must show the written order to the person to be arrested if so required.

  • Reason (R): Section 55 specifies that the officer in charge must deliver an order in writing to the subordinate, notifying the substance of the order to the person being apprehended.

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

Q10. Choose the correct option:

  • Assertion (A): A Magistrate may arrest any person committed in his presence within his local jurisdiction, regardless of whether the offence is cognizable or non-cognizable.

  • Reason (R): Section 41(2) empowers any Magistrate (Executive or Judicial) to arrest or order the arrest of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

Answers and Explanations

  1. C) Both I and II. (Ref: Section 42).

  2. C) Both I and II. (Ref: Section 37).

  3. A) Only I. Statement II is false; for a pardanashin woman, the officer must give notice to withdraw and afford facilities to do so before entering.

  4. A) Only I. Statement II is false; Section 61 allows pursuit and arrest in any place in India.

  5. B) Only II. Statement I is false; identification occurs after arrest on a charge, not just after trial commencement.

  6. A) Both true, and R explains A. (Ref: Section 43(1)).

  7. C) A is false, but R is true. The statute says "may," implying discretion, not a mandate for all listed cases.

  8. A) Both true, and R explains A. (Ref: Section 35(7)).

  9. A) Both true, and R explains A. (Ref: Section 55).

  10. A) Both true, and R explains A. (Ref: Section 41).

BONUS - FOUR PARTS OF CHAPTER V

To master the basics of Chapter V (Arrest of Persons) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), you can organize the provisions into four thematic pillars. This helps in understanding not just the section numbers, but the underlying logic of the criminal justice process.

Pillar 1: The Authority to Arrest

Understanding who can arrest and under what specific circumstances is the first step.

  • Police without Warrant (Section 35): Primary authority for cognizable offences, cases of reasonable suspicion, or for being a proclaimed offender.

  • Refusal to Give Name (Section 39): A specific power to arrest for non-cognizable offences if the person refuses to identify themselves.

  • Private Persons (Section 40): A citizen can arrest if a non-bailable and cognizable offence is committed in their presence.

  • Magistrates (Section 41): Both Executive and Judicial Magistrates can arrest for offences committed in their presence within their jurisdiction.

Pillar 2: The Procedure and Mode of Arrest

This covers the physical act and the administrative duties of the arresting officer.

  • The Physical Act (Section 43): Arrest is made by actually touching/confining the body unless there is submission by word or action.

  • Use of Handcuffs (Section 43(3)): A significant BNSS feature allowing handcuffs for habitual/repeat offendersor those accused of serious crimes like terrorist acts, organized crime, or rape.

  • Arrest of Women (Section 43 Proviso): Submission is presumed on oral intimation. Arrest after sunset/before sunrise is prohibited except in exceptional cases with written permission from a Magistrate 1st Class.

  • Administrative Checks (Sections 36 & 37): Officers must wear clear identification, prepare a memorandum of arrest witnessed by a family member or local respectable person, and the State must maintain a Police Control Room at the district level to display names of the arrested.

Pillar 3: The Rights of the Arrested Person

These are the "constitutional safeguards" embedded in the procedural law.

  • Information Rights: The person must be informed of the grounds of arrest and their right to bail in bailable cases (Section 47).

  • Right to Inform (Section 48): The police have a mandatory obligation to inform a relative or friend nominated by the arrested person about the arrest.

  • Legal Representation (Section 38): The right to meet an advocate of their choice during interrogation, though not throughout the entire process.

  • decency in Search (Section 49): If an arrested person is searched, they must receive a receipt for seized articles. Females must be searched only by another female with strict regard to decency.

Pillar 4: Post-Arrest Safeguards (The "24-Hour Rule")

The law ensures that the executive (police) is quickly checked by the judiciary.

  • Medical Examination (Sections 51–53): A mandatory medical exam must be conducted by a medical officer soon after arrest. For rape accused, the exam includes DNA profiling.

  • The 24-Hour Limit (Section 58): A person cannot be detained for more than twenty-four hours (excluding travel time) without a special order from a Magistrate under Section 187.

  • Health and Safety (Section 56): It is the legal duty of the person having custody to take reasonable care of the accused's health and safety.

  • Strict Adherence (Section 62): Finally, Section 62 mandates that all arrests must be made strictly according to the Sanhita or other applicable laws.

Basics Check-list for Quick Revision:

  • Age/Infirmity Protection: Arrest of persons above 60 or infirm for offences punishable with less than 3 yearsrequires prior permission from a DSP-rank officer (Section 35(7)).

  • Armed Forces Protection: Members of the Armed Forces cannot be arrested for official duties without Central Government consent (Section 42).

  • Disabled Victims/Witnesses: Identification of an arrested person by a disabled individual must be supervised by a Magistrate and videographed (Section 54).

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