Comprehension
In Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court analysed the ambit of Article 22 of the Constitution of India and also the scope of the expression ‘arrest’ contained therein and also under the relevant provisions of the Code of Criminal Procedure, 1973 (CrPC). ‘Arrest’ may be classified into two categories, namely, the arrest under a warrant issued by a court and arrest without warrant. Section 57 of the Code of Criminal Procedure clearly directs that the investigation should be completed in the first instance within 24 hours; if not the arrested person should be brought before a Magistrate as provided under Section 167 of the Code of Criminal Procedure. Turning now to Article 22(1) and (2), we must ascertain whether its protection extends to both categories of arrests mentioned above, and, if not, then which one of them comes within its protection. There can be no matter of doubt that arrests without warrants issued by a court call for greater protection than do arrests under such warrants. The provision that the arrested person should within 24 hours be produced before the nearest Magistrate is particularly desirable in the case of arrest otherwise than under a warrant issued by the court, for it ensures the immediate application of a judicial mind to the legal authority of the person making the arrest and the regularity of the procedure adopted by him. In the case of arrest under a warrant issued by a court, the judicial mind had already been applied to the case when the warrant was issued and, therefore, there is less reason for making such production in that case a matter of a substantive fundamental right. The matter of ‘House Arrest’ was deliberated by the court as: “There can be no quarrel with the proposition that a court cannot remand a person unless the court is authorised to do so by law. We are of the view, that in the facts of this case, the house arrest was not ordered purporting to be under Section 167. We observe that under Section 167 in appropriate cases it will be open to courts to order house arrest.”
Question: 1
Consider the following statements:
(I) The application of judicial mind is not necessary to issue a warrant by the court.
(II) The constitutional notion demands the application of judicial mind immediately after the arrest of person without a warrant.
Choose the correct answer from the code given below.
Consider the following statements:
(I) The application of judicial mind is not necessary to issue a warrant by the court.
(II) The constitutional notion demands the application of judicial mind immediately after the arrest of person without a warrant.
Choose the correct answer from the code given below.
(I) The application of judicial mind is not necessary to issue a warrant by the court.
(II) The constitutional notion demands the application of judicial mind immediately after the arrest of person without a warrant.
Choose the correct answer from the code given below.
Updated On: Jul 11, 2024
- Both (I) and (II) are true.
- Both (I) and (II) are untrue.
- (I) is true and (II) is untrue.
- (II) is true and (I) is untrue.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): (II) is true and (I) is untrue.
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Question: 2
Section 57 of the Code of Criminal Procedure,1973 applies to arrest_____warrant
Section 57 of the Code of Criminal Procedure,1973 applies to arrest_____warrant
Updated On: Aug 23, 2024
- With
- Without
- With or without
- On execution of
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Without
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Question: 3
The fundamental right under Article 22(2) of the Constitution of India regarding the duty of police to produce arrested person before the nearest Magistrate applies to:
The fundamental right under Article 22(2) of the Constitution of India regarding the duty of police to produce arrested person before the nearest Magistrate applies to:
Updated On: Aug 23, 2024
- Detenu who at the time of arrest is an enemy alien.
- Arrest under any law providing for preventive detention.
- Arrest under Section 41 of the Code of Criminal Procedure, 1973.
- Arrest in execution of warrant issued by the court.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Arrest under Section 41 of the Code of Criminal Procedure, 1973.
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Question: 4
Section 167 of the Code of Criminal Procedure, 1973 empowers a Judicial Magistrate to authorise the detention of an accused in:
Section 167 of the Code of Criminal Procedure, 1973 empowers a Judicial Magistrate to authorise the detention of an accused in:
Updated On: Jul 11, 2024
- Police Custody.
- Judicial Custody.
- Both Police Custody and Judicial Custody.
- Other than Police and Judicial Custody.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Both Police Custody and Judicial Custody.
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Question: 5
In Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court did not consider the period of house arrest in calculating the period of custody for the purpose of filing the application for default bail because:
In Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court did not consider the period of house arrest in calculating the period of custody for the purpose of filing the application for default bail because:
Updated On: Jul 11, 2024
- The order of house arrest was not purported to be under Section 167 the Code of Criminal Procedure, 1973.
- The court is not authorized to order house arrest under Section 167 the Code of Criminal Procedure, 1973
- The order of house arrest was illegal.
- The term ‘house arrest’ was not given anywhere under the Code of Criminal Procedure, 1973.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): The order of house arrest was not purported to be under Section 167 the Code of Criminal Procedure, 1973.
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Question: 6
In Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court has established that the order of the court to direct house arrest of the arrested person shall be:
In Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the court has established that the order of the court to direct house arrest of the arrested person shall be:
Updated On: Jul 11, 2024
- Unconstitutional.
- Within the competence of the court under Section 167 the Code of Criminal Procedure, 1973
- Beyond the competence of the court under Section 167 the Code of Criminal Procedure, 1973.
- Discretionary.
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Within the competence of the court under Section 167 the Code of Criminal Procedure, 1973
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