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: Aug 14, 2025
- 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
To determine the correctness of the statements, let's analyze them in light of the context provided from the case of Gautam Navlakha v. National Investigation Agency, 2021.
- (I) The application of judicial mind is not necessary to issue a warrant by the court. - This statement is untrue. When a court issues a warrant, it involves the application of judicial mind. The decision to issue a warrant requires evaluation and discretion, ensuring that there is sufficient reason to believe that such an order is necessary. Judicial oversight is inherent in the process of issuing a warrant.
- (II) The constitutional notion demands the application of judicial mind immediately after the arrest of a person without a warrant. - This statement is true. Arrests made without a warrant require immediate judicial scrutiny to ensure the arrest's legality and the adherence to due process. As per Article 22(1) and (2) of the Indian Constitution and Section 57 of the Code of Criminal Procedure, arrested individuals must be presented before a Magistrate within 24 hours, ensuring judicial examination.
Based on the above analysis, the correct answer is: (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 14, 2025
- With
- Without
- With or without
- On execution of
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The Correct Option is B
Solution and Explanation
Section 57 of the Code of Criminal Procedure, 1973, applies to arrests without a warrant. According to the legal context and judicial interpretation, specifically referencing the case of Gautam Navlakha v. National Investigation Agency, 2021, the law mandates that when an arrest is made without a warrant, the person arrested must be presented before a Magistrate within 24 hours. This provision ensures judicial oversight and legal regularity in such arrests, given the absence of prior judicial involvement typical in warrantless arrests. In contrast, arrests with warrants already involve judicial consideration at the time of warrant issuance, hence do not require Section 57's immediate procedural requirements.
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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 14, 2025
- 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
To determine which scenario Article 22(2) of the Constitution of India applies to, we need to understand the provisions of Article 22 and the relevant legal context. Article 22(2) mandates that a person arrested must be produced before the nearest Magistrate within 24 hours, excluding travel time. This protection applies explicitly to arrests made without a warrant. Let's analyze the given options:
- Detenu who at the time of arrest is an enemy alien: Article 22 does not apply as special legislation governs enemy aliens.
- Arrest under any law providing for preventive detention: Preventive detention laws are exceptions to Article 22(2).
- Arrest under Section 41 of the Code of Criminal Procedure, 1973: Section 41 pertains to arrests made by police without a warrant for cognizable offenses. In such cases, Article 22(2) applies, requiring the arrested person to be presented before a Magistrate within 24 hours.
- Arrest in execution of a warrant issued by the court: Article 22(2) does not apply here as the judicial mind has already been applied when the warrant was issued.
The correct application of Article 22(2) is therefore to "Arrest under Section 41 of the Code of Criminal Procedure, 1973." This ensures that the arrest's legality is promptly reviewed by a judicial authority, safeguarding individual rights against unlawful detention.
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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: Aug 14, 2025
- 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
Section 167 of the Code of Criminal Procedure, 1973, addresses the procedure when investigation cannot be completed in 24 hours. Under this section, a Judicial Magistrate is empowered to authorize the detention of an accused in both Police Custody and Judicial Custody. Here's a detailed explanation:
- Police Custody: This is when an accused is kept under the supervision of the police. The magistrate can authorize this type of custody initially for up to 15 days.
- Judicial Custody: After the initial period or if further investigation is required, the accused may be placed in judicial custody, which involves holding the individual in jail rather than under police supervision. The total custody can extend up to 90 days for offences punishable with death, life imprisonment, or imprisonment for a term not less than 10 years, and 60 days for other offences.
In the context of Section 167, options such as ‘Other than Police and Judicial Custody’ do not apply, and the option ‘Both Police Custody and Judicial Custody’ correctly describes the magistrate’s power as stipulated by the provision.
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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: Aug 14, 2025
- 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
In the case of Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the Supreme Court considered the concept of 'arrest' as under Article 22 of the Indian Constitution and relevant provisions of the Code of Criminal Procedure, 1973 (CrPC). Arrests are distinguished into those with a warrant and without a warrant. According to Section 57 of the CrPC, an arrested individual must be presented before a Magistrate within 24 hours if the investigation is incomplete. However, when discussing house arrest, the court noted: "A court cannot remand a person unless legally authorized. In this case, house arrest was not under Section 167." This illustrates the correct answer:
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: Aug 14, 2025
- 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
In the case of Gautam Navlakha v. National Investigation Agency, 2021 SCC OnLine SC 382, the Supreme Court of India addressed the competence of courts under Section 167 of the Code of Criminal Procedure, 1973 (CrPC) regarding house arrest. The Court clarified the interpretation of 'arrest' under Article 22 of the Constitution and the CrPC. Notably, arrests are divided into two types: with a court-issued warrant and without one. The CrPC mandates that an investigation must be completed within 24 hours, per Section 57, and the arrested individual must be presented before a magistrate as per Section 167.
Article 22(1) and (2) of the Indian Constitution is pertinent here as it provides protections for arrests, especially emphasizing the need for prompt judicial oversight in arrests without a warrant. In this landmark case, the Court deliberated that house arrest could be a remand measure under the CrPC. It was concluded that in appropriate cases, house arrest is within the competence of the court under Section 167.
| Option | Assessment |
|---|---|
| Unconstitutional | Incorrect |
| Within the competence of the court under Section 167 the Code of Criminal Procedure, 1973 | Correct |
| Beyond the competence of the court under Section 167 the Code of Criminal Procedure, 1973 | Incorrect |
| Discretionary | Misleading |
Therefore, the correct answer is: Within the competence of the court under Section 167 the Code of Criminal Procedure, 1973.
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