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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

A police officer arrests, without a warrant, a person who has just committed murder. A complaint of wrongful confinement is filed against the officer. Under the General Explanations in the BNS, what is the position?

The officer is not guilty of wrongful confinement. Every definition of an offence is read subject to the General Exceptions, and one exception covers acts a person is bound by law to do. Arresting a murderer without warrant falls within it.

  1. AThe officer is guilty of wrongful confinement because no warrant existed
  2. BThe officer is not guilty, because the definition of the offence is read subject to the general exception for acts a person is bound by law to doCorrect
  3. CThe officer is guilty unless the arrested person is later convicted
  4. DThe officer is guilty, but the punishment is reduced

Explanation

Section 3(1) says every offence definition is understood subject to the General Exceptions even if they are not repeated. The illustration shows a police officer who arrests a murderer without a warrant is not guilty of wrongful confinement, as he was bound by law to apprehend. The option demanding a warrant ignores this.

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