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

Ravi, a police officer, arrests Karan without a warrant. Karan has just committed murder. Ravi is charged with wrongful confinement. Under the General explanations in the Bharatiya Nyaya Sanhita, 2023, what is the position?

Ravi is not guilty of wrongful confinement. He was bound by law to apprehend a person who had committed murder, so his act falls within the general exception for acts done by a person bound by law to do them.

  1. ARavi is guilty because arrest without a warrant is always wrongful confinement
  2. BRavi is guilty unless a magistrate had approved the arrest earlier
  3. CRavi is not guilty because he was bound by law to apprehend Karan and the case falls within the general exception for acts a person is bound by law to doCorrect
  4. DRavi is guilty but only of a lesser offence

Explanation

The illustration to Section 3(1) covers a police officer apprehending a murderer without warrant. The act falls within the exception that nothing is an offence done by a person bound by law to do it. Hence no wrongful confinement.

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