All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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33.

Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section

A: S.41 (a)
B: S.41 (c)
C: S.41 (e)
D: S.41 (d)

The answer is: C

Explanation

The correct option is C: S.41 (e).

This is because Section 41 of the Code of Criminal Procedure, 1973 lays down the conditions for when police may arrest without warrant. The rule otherwise requires police officers to obtain an order from a Magistrate along with a warrant authorizing arrest of a person. Section 41 (1) (e) provides for arrest of the person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.

The other options are incorrect because they are not related to the issue of obstructing or escaping from police custody. Option A is wrong because Section 41 (1) (a) provides for arrest of the person who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned. Option B is wrong because Section 41 (1) (c) provides for arrest of the person who has been proclaimed as an offender either under this Code or by order of the State Government. Option D is wrong because Section 41 (1) (d) provides for arrest of the person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.