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In this situation, the police officer can make an arrest without a warrant under Section 41(a) of the Code of Criminal Procedure. The man has committed a cognizable offense (i.e., breaking into a car), and the offense was committed in the presence of the police officer.
Additionally, the officer may also satisfy the conditions mentioned in Section 41(b)(ii) for making an arrest without a warrant. The arrest may be necessary to prevent the man from committing any further offense or tampering with evidence or causing evidence to disappear. The officer should record the reasons for the arrest in writing, as required by law.
Therefore, the police officer can lawfully arrest the man without a warrant and bring him to the police station for proper investigation and further legal action.
Based on Section 41 of the Criminal Procedure Code, you can arrest the person without a warrant if you have reasonable suspicion that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, and if the arrest is necessary to prevent him from committing any further offence, for proper investigation of the offence, to prevent him from causing the evidence of the offence to disappear, or to prevent him from making any inducement, threat, or promise to any person acquainted with the facts of the case.
In this situation, you have reasonable suspicion that the person has committed theft from a nearby store, and his attempt to flee further raises suspicion that he is trying to evade arrest. Therefore, you may arrest him without a warrant if you believe that his arrest is necessary to prevent him from committing any further offence or to properly investigate the offence. You should also record your reasons in writing for making the arrest.
Under Section 41A(4) of the Criminal Procedure Code, where a person fails to comply with the notice issued under Section 41A or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the notice. Therefore, in this case, the police officer can arrest Ravi for the offence of cheating mentioned in the notice.
Yes, the police officer has violated Section 41B(a) of the Criminal Procedure Code, which requires every police officer making an arrest to bear an accurate, visible, and clear identification of his name which will facilitate easy identification. The police officer’s refusal to show his identification to Rohit amounts to a violation of this provision. Further, the police officer has also violated Section 41B(c) of the Code, which requires the officer to inform the person arrested about his right to have a friend or relative informed of his arrest, unless the memorandum of arrest is attested by a member of his family.
The person who has been arrested has the right to have a relative or friend informed of his arrest, as per Section 41B(c) of the Criminal Procedure Code. If the police officer has failed to inform the arrested person about this right, the person can take legal recourse to assert his rights. He can approach a competent court and file a writ of habeas corpus, which is a legal remedy that allows a person to challenge the detention of an individual in custody. The court can direct the police officer to comply with the provisions of Section 41B(c) and inform the arrested person about his right to have a relative or friend informed of his arrest.
Yes, the police officer can arrest the person under Section 42 as he has committed a non-cognizable offense and has refused to provide his true name and address or has given a false name and address. The officer can arrest him to ascertain his true identity and residence.
Yes, the Judicial Magistrate can arrest the offender as the offence of snatching is a cognizable offence and was committed in his presence. Section 44(1) of the Criminal Procedure Code allows the Magistrate to arrest or order the arrest of the offender in such a situation.
No, they cannot arrest the woman without prior permission of the Judicial Magistrate, unless there exist exceptional circumstances. As per Section 46(4), no woman shall be arrested after sunset and before sunrise, unless there are exceptional circumstances. In case of exceptional circumstances, the woman police officer must obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made, by making a written report. In this case, since the arrest is being made after sunset, the woman police officer must obtain prior permission from the Judicial Magistrate.
Under section 47(2) of the Indian Code of Criminal Procedure, a police officer acting under a warrant of arrest can enter a house and search for the person to be arrested if the person in charge of the house refuses to allow entry. The officer can break open any outer or inner door or window of the house, after notifying his authority and purpose and making a demand for admittance.
Yes, the police officer can pursue and arrest the person in Kolkata under Section 48 of the CrPC, as long as it is for the purpose of making the arrest.
No, the police officer did not comply with the obligation under Section 50A. As per the provision, the police officer is obligated to inform any friends, relatives or nominated persons about the arrest and place where the arrested person is being held. In this case, Mr. Y had been nominated by Mr. X to be informed in case of his arrest. Therefore, the police officer should have informed Mr. Y about Mr. X’s arrest. The failure to do so is a violation of Section 50A.
Yes, a registered medical practitioner can examine a person arrested on charges of sexual assault, as per Section 53 of the Criminal Procedure Code. The examination can include the examination of blood, blood stains, semen, swabs, sputum, sweat, hair samples, and finger nail clippings by using modern and scientific techniques, including DNA profiling. The examination can only be conducted by, or under the supervision of, a female registered medical practitioner if the person being examined is female. The examination should be conducted in good faith and under the direction of a police officer not below the rank of sub-inspector. The registered medical practitioner should also record their observations and findings in writing and submit them to the concerned authorities.
As a registered medical practitioner, I will follow the following steps to conduct the examination of the accused person:
- Verify the identity of the accused person and confirm that he is the same person who was arrested by the police.
- Explain the purpose of the examination to the accused person and obtain his consent before proceeding with the examination.
- Conduct a thorough physical examination of the accused person and document any marks of injury or trauma on his body, if any.
- Collect samples of bodily fluids, hair, or any other material that may be relevant to the crime and can be used for DNA profiling.
- Record the exact time of the commencement and completion of the examination and note down all relevant details in the report.
The report of the examination will include the following details:
- The name and address of the accused person and the person who brought him.
- The age of the accused person.
- Any marks of injury or trauma on the body of the accused person.
- The description of the material taken from the person of the accused person for DNA profiling.
- Other material particulars in reasonable detail.
- The precise reasons for each conclusion arrived at during the examination.
- The exact time of the commencement and completion of the examination.
After completing the examination, I will forward the report to the investigating officer, who will then forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) of that section.
The individual can exercise the right conferred under Section 54 of the Code of Criminal Procedure and request to be examined by a medical officer or registered medical practitioner as soon as possible after the arrest. The medical practitioner will prepare a record of the examination, mentioning any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
The individual can use the report of the medical examination to prove that the injuries sustained were a result of police brutality and not due to resisting arrest. The report can also be used as evidence to make a complaint to higher authorities or the court against the police officers responsible for the alleged brutality.
According to Section 54A of the Code of Criminal Procedure, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with. Therefore, in the given situation, the identification process must take place under the supervision of a Judicial Magistrate.
Yes, the person can be discharged but only on his own bond, or on bail, or under the special order of a Magistrate. The police officer cannot simply release the person without following the procedure outlined in Section 59 of the Code of Criminal Procedure. The person can be released on his own bond if he agrees to pay a certain amount of money if he fails to appear in court when required. Alternatively, he can be released on bail if a surety guarantees his appearance in court. If neither of these options is available, the person can be released under the special order of a Magistrate.
Yes, the police officer can pursue and re-arrest Rahul under Section 60 of the Code of Criminal Procedure. During the pursuit, the police officer shall have all the powers conferred by Section 47 to search any place where Rahul may have taken shelter.