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Who decides whether an arrest is justified or not?

  • a)
    Judge

  • b)
    Prosecutor

  • c)
    Constable

  • d)
    None

Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Who decides whether an arrest is justified or not?a)Judgeb)Prosecutorc...
The Judge, who is not part of the police, will decide whether the arrest is justified or not.
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Most Upvoted Answer
Who decides whether an arrest is justified or not?a)Judgeb)Prosecutorc...
Magistrate
The decision on whether an arrest is justified or not ultimately lies with a Magistrate. Magistrates are judicial officers who have the authority to issue arrest warrants, conduct bail hearings, and oversee court proceedings. When a person is arrested by law enforcement, they must be brought before a Magistrate within a certain period of time to determine the validity of the arrest.

Factors considered by Magistrate
- The Magistrate will consider various factors when deciding whether an arrest is justified. These factors may include the evidence presented by the prosecutor, the nature of the alleged crime, the circumstances of the arrest, and the rights of the individual being arrested.
- The Magistrate will also ensure that the arrest was made in accordance with the law and that the individual's rights were not violated during the arrest process.

Role of Prosecutor
While the prosecutor plays a role in presenting evidence and arguments to support the arrest, the final decision rests with the Magistrate. The prosecutor may make recommendations to the Magistrate regarding the justification of the arrest, but it is ultimately up to the Magistrate to determine whether the arrest was lawful.
In conclusion, the Magistrate is the authority responsible for deciding whether an arrest is justified or not. They play a crucial role in ensuring that arrests are made in accordance with the law and that individuals' rights are protected throughout the legal process.
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Read the following passage carefully and answer the questions that follow: The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed. Q. Does the executive have the power to remove the judge?

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Who decides whether an arrest is justified or not?a)Judgeb)Prosecutorc)Constabled)NoneCorrect answer is option 'A'. Can you explain this answer?
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