Question

Pick the incorrect statement about arrest by police without warrant.

• A. A person may be arrested if he commits, in the presence of a police officer, a cognizable offence.
• B. A person may be arrested if against him a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years subject to fulfilment of certain conditions.
• C. A person may be arrested if he has been proclaimed as an offender.
• D. A person in whose possession anything stolen is found and he may not have committed any offence in relation to that thing.

Hint:

Police need reasonable belief of involvement in the offence to arrest for possession of stolen goods.

Answer 1

The Correct Option is D

Step 1: CrPC provisions.
- Section 41 CrPC lays down when police may arrest without warrant.
- Possession of stolen property allows arrest only when there is reason to believe the person is involved in the theft or a related offence.
Step 2: Why option (d) is incorrect.
- Merely possessing stolen property without suspicion of offence is insufficient.
- Law requires a nexus between possession and offence to justify arrest.
\[ \boxed{(d)} \]