Question

Consider the following statements and answer the question given below:
Mr. Patel, being a police officer, receives a complaint and information that Raju was involved in a bank robbery and has helped hide the stolen valuables in his farm, as stated by two villagers.
The Police Officer Mr. Patel may arrest Raju without a warrant when –
(1) Raju can be arrested only if he commits a non-cognizable offence in the presence of Mr. Patel.
(2) Since a reasonable complaint has been received and there is strong suspicion based on villagers' testimony, he can be immediately arrested.
(3) Raju can be arrested only when he tries to escape or run away.
(4) Raju can be arrested so as to prevent him from making any inducement, threat or promise to any person acquainted with facts and circumstances.
Which of the above is/are correct statement(s)?

• A. Only (4)
• B. Only (2)
• C. (1) and (3)
• D. (2) and (4)

Hint:

Under BNSS 2023, police can arrest without warrant in cognizable cases when there’s credible suspicion or risk of evidence tampering.

Answer 1

The Correct Option is D

Step 1: Understanding the concept.
Under Section 35 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 (replacing Section 41 of the CrPC), a police officer may arrest a person without a warrant if there is a reasonable complaint, credible information, or suspicion that the person has committed a cognizable offense.
Step 2: Application to the case.
Here, Raju is suspected of being involved in a bank robbery (a cognizable offense), and there is strong evidence based on villagers’ statements — justifying immediate arrest. Further, arrest can also be made to prevent tampering with evidence or influencing witnesses.
Step 3: Conclusion.
Hence, statements (2) and (4) are correct as per BNSS 2023 provisions.