Question

Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section

• A. S.41 (a)
• B. S.41 (c)
• C. S.41 (e)
• D. S.41 (d)

Hint:

Section 41 is the cornerstone of the police's power of arrest without a warrant. It is crucial to be familiar with its various clauses, especially (a) for cognizable offences in presence, (b) for cognizable offences based on information, and (e) for obstruction/escape.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific clause under Section 41 of the CrPC that grants a police officer the power to arrest a person without a warrant under the circumstances of obstruction of duty or escape from custody. Section 41 lists the various situations where this power can be exercised.
Step 2: Detailed Explanation:
Let's examine the relevant sub-sections of Section 41(1) of the CrPC:
\begin{itemize} \item (A) S.41(1)(a): Pertains to a person who commits a cognizable offence in the presence of a police officer. \item (B) S.41(1)(c): Pertains to a person who has been proclaimed as an offender. \item (C) S.41(1)(e): This clause states that a police officer may arrest any person "who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody." This clause directly matches the wording of the question. \item (D) S.41(1)(d): Pertains to a person in whose possession anything is found which may reasonably be suspected to be stolen property. \end{itemize} The scenario described in the question is explicitly covered by Section 41(1)(e).
Step 3: Final Answer:
The power to arrest a person who obstructs a police officer or escapes from custody is provided under S.41(1)(e) of the CrPC. The option references S.41(e).