When a person is arrested by the police, they cannot keep the arrested person in their custody for more thana)Thirty two hoursb)Twelve hoursc)Thirty four hoursd)Twenty-four hoursCorrect answer is option 'D'. Can you explain this answer?

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When a person is arrested by the police, they cannot keep the arrested person in their custody for more than

a)
Thirty two hours
b)
Twelve hours
c)
Thirty four hours
d)
Twenty-four hours

Correct answer is option 'D'. Can you explain this answer?

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When a person is arrested by the police, they cannot keep the arrested...

If a person’s 24 hour custody hold ends after court working hours, he/she can always be produced before the magistrate at his residence. The magistrate cannot refuse to see the suspect.

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Directions: The question consists of two statements, one labeled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.Facts: Jethalal was the owner of an electronic shop 'Gada Electronics'. One day he got stuck in his godown after the shop closed; with some people's help, he managed to break the lock and get out, but a police patrol team saw him with the broken lock and arrested him for the charge of breaking. Two days went by, and they kept him in custody for interrogation as the senior inspector wasn't around.Decide.

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Directions: Read the following passage and answer the question.Article 21 of the Indian Constitution states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q. A long-time wanted suspect, who was on the run, was finally discovered for arrest. He was now an old man and wished for his son to accompany him during the arrest. The police refused this request and detained the accused; however, they informed his son. Is the arrest valid?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The legal system in India is established on the platform of innocent till proven guilty. An unlawful arrest of an individual can be a violation of Article 21 of the Indian Constitution that states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q.A police official was disguised undercover, without any police identifications, so as to be hidden for the purpose of making an arrest. While making the arrest, the accused was informed of the grounds for arrest. Is the arrest valid?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The legal system in India is established on the platform of innocent till proven guilty. An unlawful arrest of an individual can be a violation of Article 21 of the Indian Constitution that states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q.After an arrest had been made, the police officials were busy on another high profile case which was to be solved at the earliest. A day had gone by since the arrest. The accused was then produced before the Magistrate. Is it valid?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The legal system in India is established on the platform of innocent till proven guilty. An unlawful arrest of an individual can be a violation of Article 21 of the Indian Constitution that states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q.A long-time wanted suspect, who was on the run, was finally discovered for arrest. He was now an old man and wished for his son to accompany him during the arrest. The police refused this request and detained the accused; however, they informed his son. Is the arrest valid?

View answer

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When a person is arrested by the police, they cannot keep the arrested person in their custody for more thana)Thirty two hoursb)Twelve hoursc)Thirty four hoursd)Twenty-four hoursCorrect answer is option 'D'. Can you explain this answer?

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