Question

In which of the following does the police officer need a warrant to arrest?

• A. Affray
• B. Murder
• C. Rape
• D. Thug

Hint:

Affray typically refers to fighting in public that causes a disturbance. A police officer may need a warrant if it does not involve an immediate threat.

Answer 1

The Correct Option is A

In cases of affray, a police officer would generally need a warrant to make an arrest, as it involves the disturbing public peace but does not necessarily meet the immediate criteria for arrest without a warrant.

Answer 2

An Affray is a type of public order offense that involves two or more persons fighting in a public place, thereby disturbing the peace. It is governed under Section 159 and Section 160 of the Indian Penal Code (IPC). While it is considered a criminal offense, it is classified as a bailable and non-cognizable offense.

Meaning of Non-Cognizable Offense:
In the case of a non-cognizable offense, a police officer cannot arrest the accused without a warrant and must seek permission from a magistrate to initiate an investigation. This contrasts with cognizable offenses where the police have the authority to arrest without prior judicial approval.

Why a Warrant is Required in Affray:
Since affray is a non-cognizable offense, the law mandates that police officers must first obtain a warrant from a magistrate before making an arrest. This legal requirement is in place to ensure that minor public order disturbances are dealt with in a controlled and judicially supervised manner.

Examples of Non-Cognizable Offenses Requiring Warrants:
- Affray
- Public nuisance
- Simple hurt

Conclusion:
The correct answer is Affray, as it is a non-cognizable offense under Indian law and requires a police officer to obtain a warrant before making an arrest.