Section 41 CrPC empowers a police officer to arrest without warrant. A…

Question

Section 41 CrPC empowers a police officer to arrest without warrant. After the 2009 amendment, the requirements for arrest under Section 41(1)(b) include:

Accepted Answer

D. for cognizable offences punishable up to 7 years, recording reasons satisfying the police officer that arrest is necessary on the grounds in 41(1)(b)(ii)(a)-(e)

1. Section 41(1)(b) CrPC, as amended in 2009, narrows arrest powers for cognizable offences punishable with imprisonment up to 7 years.
2. The officer must record reasons that arrest is necessary on stated grounds: (a) to prevent further offence, (b) for proper investigation, (c) to prevent disappearance/tampering of evidence, (d) to prevent inducing any witness, (e) to ensure presence in court.
3. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed police to comply with Section 41(1)(b) and issue Section 41A notice (notice of appearance) for offences ≤7 years, before arrest.
4. Failure to comply with Sections 41 / 41A is a contempt issue and basis for setting aside arrest.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 41(1)(b) (post-2009 amendment); Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273_

Answer

any cognizable offence reasonably suspected, with no further conditions on the police officer's decision (cf. CrPC, Section 41(1)(b) (post-2009 amendment); Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273)

Answer

all arrests must be made only under a written warrant issued by the District Magistrate (cf. CrPC, Section 41(1)(b) (post-2009 amendment); Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273)

Answer

any non-cognizable offence requires arrest, regardless of warrant or magistrate's authorisation (cf. CrPC, Section 41(1)(b) (post-2009 amendment); Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273)