Chapter 5 of the Code of Criminal Procedure, 1898, deals with the procedural and legal framework surrounding the arrest of individuals, escape scenarios, and the recapture of offenders. It provides detailed provisions on how arrests should be conducted, the rights of arrested individuals, and the methods for retaking those who escape custody. This chapter also outlines the limits of restraint and emphasizes lawful processes in apprehension and detention.
Important Multiple Choice Questions
- How should an arrest be made under Section 46 of the Code?
a) By informing the person of the grounds of arrest.
b) By physical restraint if necessary.
c) By merely issuing a notice of arrest.
d) Both a and b.
Answer: d) Both a and b. - What does Section 50 of the Code state regarding restraint on arrested persons?
a) Unnecessary restraint is prohibited.
b) Restraint must always be applied regardless of the situation.
c) Restraint is allowed only for women and children.
d) Restraint is not mentioned in the Code.
Answer: a) Unnecessary restraint is prohibited. - Under Section 51, what is allowed during the search of an arrested person?
a) Only verbal inquiry.
b) A complete search of the arrested individual.
c) Detention without a search.
d) Search is permitted only with a court order.
Answer: b) A complete search of the arrested individual. - What is specified in Section 52 regarding the search of women?
a) Women must not be searched under any circumstances.
b) Women must be searched by a male officer.
c) Women must be searched by another woman with strict regard to decency.
d) Women can be searched by any police officer.
Answer: c) Women must be searched by another woman with strict regard to decency. - Which section allows the seizure of offensive weapons found during an arrest?
a) Section 53
b) Section 46
c) Section 51
d) Section 48
Answer: a) Section 53 - Under Section 54, when can a police officer arrest without a warrant?
a) Only after approval from a Magistrate.
b) If the person is caught in the act of committing a cognizable offence.
c) Only in the presence of a witness.
d) When no court is operational.
Answer: b) If the person is caught in the act of committing a cognizable offence. - What is stated in Section 60 regarding taking arrested persons before authorities?
a) The arrested person must be presented before a Magistrate or the officer in charge of a police station.
b) The arrested person can be detained indefinitely.
c) The arrested person must be released immediately.
d) The arrested person should be presented to a lawyer first.
Answer: a) The arrested person must be presented before a Magistrate or the officer in charge of a police station. - What is the time limit for detaining an arrested person without producing them before a Magistrate as per Section 61?
a) 12 hours
b) 24 hours
c) 48 hours
d) 72 hours
Answer: b) 24 hours - What does Section 66 state regarding the escape of an arrested individual?
a) The arresting authority must let the person escape.
b) The authority has the power to pursue and retake the escaped individual.
c) The escape should be reported, but no retaking is allowed.
d) The individual cannot be retaken once they have escaped.
Answer: b) The authority has the power to pursue and retake the escaped individual. - What is provided under Section 67 regarding the provisions of Sections 47, 48, and 49?
a) They do not apply to arrests made under Section 66.
b) They apply to arrests under Section 66 for retaking escaped persons.
c) They only apply to civil arrests.
d) They apply only to arrests made in private disputes.
Answer: b) They apply to arrests under Section 66 for retaking escaped persons.