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Legal Principle: Nothing is an offence which is done by a person who is bound by law to do it.
Facts: ‘A’, a police officer, without warrant, apprehends Rohan, who has committed murder and is running for cover.
Decide as a judge.
  • a)
    ‘A’ is not guilty of the offence of wrongful confinement.
  • b)
    ‘A’ cannot apprehend Rohan’ without a warrant issued by a court of law.
  • c)
    ‘A’ is guilty of the offence of wrongful confinement.
  • d)
    ‘A’ may be guilty of the offence of wrongful restraint.
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Legal Principle: Nothing is an offence which is done by a person who ...
As a general rule a police officer cannot arrest an accused without warrant. However, there are certain exceptional circumstances enumerated in Law under which a police can make an arrest without a warrant. Section 41 of Code of Criminal Procedure envisages the circumstances under which an arrest can be made without warrant. The section states that when any person is actually concerned or reasonably suspected to be concerned in a cognizable offence.
Hence, option A is correct.
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Legal Principle: Nothing is an offence which is done by a person who ...
Legal Principle: Nothing is an offence which is done by a person who is bound by law to do it.

Facts: ‘A’, a police officer, without warrant, apprehends Rohan, who has committed murder and is running for cover.

Decision: 'A' is not guilty of the offence of wrongful confinement.

Explanation:
The given legal principle states that nothing is an offence if it is done by a person who is bound by law to do it. In this case, 'A' is a police officer, who is authorized and bound by law to apprehend individuals who have committed a crime.

Key Point: 'A' is a police officer authorized to apprehend criminals.

Since 'A' is a police officer, his actions of apprehending Rohan, who has committed murder, fall within the scope of his legal duties. The police officer has the power and duty to arrest individuals who have committed crimes, even without a warrant, if the situation demands immediate action.

Key Point: 'A' apprehended Rohan in accordance with his duties as a police officer.

Therefore, in this case, 'A' is not guilty of the offence of wrongful confinement. Wrongful confinement is an act of intentionally restraining someone unlawfully, denying them their freedom of movement. However, since 'A' was bound by law to apprehend Rohan, his actions do not fall under the category of wrongful confinement.

Conclusion: Considering the legal principle and the facts of the case, it can be concluded that 'A' is not guilty of the offence of wrongful confinement.
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Legal Principle: Nothing is an offence which is done by a person who is bound by law to do it.Facts: ‘A’, a police officer, without warrant, apprehends Rohan, who has committed murder and is running for cover.Decide as a judge.a)‘A’ is not guilty of the offence of wrongful confinement.b)‘A’ cannot apprehend Rohan’ without a warrant issued by a court of law.c)‘A’ is guilty of the offence of wrongful confinement.d)‘A’ may be guilty of the offence of wrongful restraint.Correct answer is option 'A'. Can you explain this answer?
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