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

Police arrest Kiran, a man suspected of an offence, who forcibly resists arrest. Kiran is accused of an offence punishable only with imprisonment of two years. Under section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the position about the force the police may use?

Police may use all means necessary to effect the arrest because he forcibly resists, but they have no right to cause his death. Section 43(4) BNSS bars causing death of a person not accused of an offence punishable with death or life imprisonment.

  1. AThey may use all means necessary to arrest him, including causing death
  2. BThey may use all means necessary to arrest him, but this gives no right to cause his deathCorrect
  3. CThey may use no force once he resists
  4. DThey may cause death only if a Magistrate has permitted it

Explanation

Section 43(2) allows all means necessary to effect arrest when a person forcibly resists or evades. Section 43(4) states this gives no right to cause death of a person not accused of an offence punishable with death or imprisonment for life. Kiran's offence carries two years only.

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