All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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41.

A police officer attends A's house and tells him that he is under arrest, and that he should accompany the officer to the police station. A refuses to go with the officer. The officer leaves, saying that he will return the next day with more police officers. A says he will go with the police officers the next day. Is A under arrest at this stage, and why ?


Principle :

In making an arrest, the police officer or other person making the arrest shall actually touch or confine the body of the person to be arrested, unless there is submission to the custody by word or action.

A: Yes, because the police officer has clearly told A that he is under arrest and A has been notified that A will be taken to the police station the following day.
B: Yes, the police officer has clearly told A and A is under arrest, and A has consented to go with the officers the following day, so that constitutes submission.
C: No, but A is not allowed to leave the jurisdiction because he has agreed to be arrested the following day.
D: No, because when a refused to go with the police officer, the police officer did not touch or otherwise attempt to confine A, so A is not yet under arrest.
E: No, but A is on tentative arrest, as A is under notice that the police will collect A on following day.

The answer is: D

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Explanation

The correct option is D : No, because when A refused to go with the police officer, the police officer did not touch or otherwise attempt to confine A, so A is not yet under arrest.

This is because, according to the principle, an arrest requires either physical contact or confinement of the person to be arrested, or submission to the custody by word or action. In this case, the police officer has told A that he is under arrest, but A has refused to go with him. The police officer has not touched or confined A's body, nor has A submitted to the custody by word or action. Therefore, A is not under arrest at this stage. The fact that the police officer has said that he will return the next day with more officers does not change the situation, as it is only a future intention and not a present action. Similarly, the fact that A has said that he will go with the officers the next day does not constitute submission, as it is only a conditional promise and not a current compliance.

Therefore, A is free to do as he pleases until he is actually arrested by the police officer.