BNSS CHAPTER – 5 Arrest of Persons (Section 41

Welcome to your BNSS CHAPTER - 5 Arrest of Persons (Section 41 - 60A)

1. The provision of examination of arrested person by medical officer is provided under which section of the Code of Criminal Procedure ?

[UP JS 2018]

a) Section 53

b) Section 54

c) Section 55

d) Section 64

None

Hint

2. Which one of the following Sections of Criminal Procedure Code, 1973 prohibits the male police officer from touching the person of a woman while making her arrest?

[UP PCS CJ 2016]

a) Proviso to Section 41(1)

b) Proviso to Section 42 (2)

c) Proviso to Section 46 (1)

d) None of the above

None

Hint

3. Provisions relating to the health and safety of arrested persons have been provided under which one of the following Sections of the Criminal Procedure Code, 1973 ?

[UP PCS CJ 2016]

a) Section 50A

b) Section 53A

c) Section 55A

d) Section 60A

None

Hint

4. In which one of the following sections of the Criminal Procedure Code ,1973 it is made mandatory to produce the person arrested before the magistrate within 24 hours of arrest ?

[HPJS 2007,UPPCS CJ ,PJS 2017]

a) Section 51

b) Section 56

c) Section 57

d) Section 59

None

Hint

5. Under which section of CRPC and arrested person is to be examined by the government medical officer immediately after such an arrest ?

[UP APO 2011]

a) Section 55A

b) Section 60A

c) Section 54

d) Section 55

None

Hint

6. Shall it be lawful for police officer to take into custody a person who throws or Lays down any dirt, filth , rubbish or any stones on any Road or Street, which causes in convenience or annoyance to public?

[UP APO]

a) Yes, even without warrant

b) Yes, only under a warrant of arrest

c) No, because it is not an offence

d) No, because the police officer is not empowered

None

Hint

7. Under which one of the following sections of CrPC it is mandatory for the officer who produce the person arrested before a magistrate within 24 hours of the arrest

[UP PCS CJ 2008]

a) Section 57

b) Section 68

c) Section 79

d) Section 90

None

Hint

8. Under which one of the following sections of CrPC police can arist and accused without warrant?

[MP APO 2002, 2003,UP PCS CJ 2008,AIBE 2019]

a) Section 37

b) Section 40

c) Section 41

d) Section 42

None

Hint

9. A report of person arrested without warrant shall be given by the officer in charge of police station to:

[UP PCS CJ 2006]

a) Only district magistrate

b) Only sub divisional magistrate

c) Judicial Magistrate of first class

d) Either to the district magistrate or sub divisional magistrate

None

Hint

10. Which of the following statements is not correct under the Code of Criminal Procedure ?

[UP APO 2006]

a) Where a private person or an authorized person has a right to arrest a person and hand him over to the custody of police, such private person can also make search of such arrested person

b) Enquiry and trial, both are included in judicial proceedings

c) Complaint may be made by any person and it is not necessary that the injured or the affected only should complain

d) Charges are framed only in warrant cases there is no need to frame charge sheet in petty summons cases

None

Hint

11. A report of person arrested without warrant shall be given by the officer-in charge of police station to :

[UP PCS CJ 2006]

a) Only District Magistrate

b) Only Sub divisional Magistrate

c) Judicial Magistrate of First Class

d) Either to the District Magistrate or Sub- divisional magistrate

None

Hint

12. Which of the following statements is not correct under the Code of Criminal Procedure ?

[UP APO 2006]

a) Where a private person or an authorized person has a right to arrest a person and hand him over to the custody of police, such private person can also make search of such arrested person

b) Enquiry and trial, both are included in judicial proceedings

c) Complaint may be made by any person and it is not necessary that the injured or the affected only should complain

d) Charges are framed only in warrant cases there is no need to frame charge sheet in petty summons cases

None

Hint

13. Save in exceptional circumstances, no woman shall be arrested after Sunset and before Sunrise, and where such exceptional circumstances to arrest exist, the woman police officer shall obtain the prior permission of the following :

[UP PCS CJ 2006]

a) District Magistrate

b) Superintendent of Police

c) Judicial Magistrate of the First Class

d) Sessions Judge

None

Hint

14. Point out incorrect statement :

[UP PCS 2003, MP APPO 2009, HPJS 2015, PUNJ PSC 2018]

a) In cognizable offence any police officer may, without an order from magistrate and without a warrant arrest any person

b) A private person may arrest or cause to be arrested any person committing a cognizable offence & non-bail able

c) An executive magistrate may arrest the offender when any offence is committed in his presence and within his jurisdiction

d) None of the above

None

Hint

15. Which one of the following statements is wrong ? If a person forcibly resists the endeavor to arrest him, the Police Officer may-

[UP PCS 2003]

a) Use all the means necessary to effect the arrest

b) Cause the death of such person irrespective of the offence he has committed

c) Cause the death of such person accused of murder

d) Cause the death of such person accused of culpable homicide not amounting to murder

None

Hint

16. A private person may arrest any person who ?

[UP APO 2002]

a) Is reported to be criminal

b) In his presence commits cognizable offence

c) In his presence commits a bailable offence

d) In his presence commits a cognizable and non-bailable offence

None

Hint

17. Which Section of the Code of Criminal Procedure authorizes a private person to arrest any person committing cognizable offence ?

[UP APO 2002]

a) Section 44

b) Section 42

c) Section 43

d) Section 45

None

Hint

18. If a person fails to comply with the terms of a notice for appearance under Section 41A(a) of the Code of Criminal Procedure or is unwilling to identify himself, the police officer

[DJS 2019]

a) may subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice

b) shall arrest him for the offence mentioned in the notice

c) may not arrest him for the offence mentioned in the notice

d) may without an order from a Magistrate and without a warrant arrest him

None

Hint

19. The memorandum of arrest to be prepared by every police officer while making an arrest shall be

[DJS 2019]

a) attested by at least two witnesses, one of which shall be a member of the family arrested.

b) attested by at least two witnesses , one of which is a member of the family of the person arrested and the other a gazette officer living in the locality where the arrest in made.

c) arrested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made and shall be countersigned by the person arrested

d) as far as may be possible in the circumstances in which arrest is made attested by at least one witness

None

Hint

20. When any offence is committed in the presence of a Magistrate within his local jurisdiction, he may

[DJS 2019]

a) only direct a police officer posted in a police station within his local jurisdiction to arrest the offender

b) order only a gazette officer to arrest the offender

c) himself arrest or order any person to arrest the offender

d) none of these

None

Hint

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BNSS CHAPTER – 5 Arrest of Persons (Section 41 – 60A)

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