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B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2016 Dec (70 marks) Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Criminal Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2016 Dec (70 marks) Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

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The Paper as Set

The questions in this volume are the questions asked at the 2016 Dec (70 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 2½ hours · Total marks 70 · 12 questions answered

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Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

Read the original question paper

Q1State the circumstances under which the police officer can arrest a person without warrant.[10]

Answer

For full marks, cover: the meaning of arrest and the rule in section 60A; how an arrest is made (section 46); the cases of arrest without warrant in section 41(1), grouped; the conditions in clause (b) and the notice under section 41A; arrest by a private person and a Magistrate (sections 42 to 44); the rights of the person arrested; the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

Meaning of arrest

Arrest means taking a person into the custody of the law, so that he may answer a charge or be prevented from committing an offence. The Code of Criminal Procedure, 1973 does not define the word. Chapter V (sections 41 to 60A) lays down who may arrest and how.

The basic rule (section 60A). No arrest shall be made except under the Code or another law that provides for arrest. Any arrest outside these powers is illegal.

How it is done (section 46). The officer touches or confines the person's body, unless he submits by word or act. A woman's submission on oral intimation is presumed, and a male officer shall not touch her. Reasonable force may be used against resistance, but not so as to cause death, unless the offence carries death or life imprisonment. A woman is not to be arrested between sunset and sunrise, save in exceptional cases with a Magistrate's prior permission.

Arrest with and without warrant

A warrant is a written order of a court. In cognizable cases, however, the police may arrest without a warrant and without a Magistrate's order. Section 41 lists these cases.

When the police may arrest without warrant (section 41(1))

The cases fall into five groups.

1. The offence itself.

(a) A person who commits a cognizable offence in the officer's presence.

(b) A person reasonably suspected of a cognizable offence punishable with up to seven years, subject to the conditions below.
(ba) A person credibly reported to have committed a cognizable offence punishable with more than seven years or death, where the officer believes it.

2. The person's status.

(c) A proclaimed offender.
(f) A suspected deserter from the Armed Forces.
(h) A released convict who breaks a rule made under section 356(5).

3. The person's conduct. (e) A person who obstructs an officer on duty, or escapes or tries to escape from lawful custody.

4. Property. (d) A person found with property reasonably suspected to be stolen, and suspected of an offence about it.

5. Outside sources.

(g) A person liable to be arrested for an act done outside India, under extradition law or otherwise.
(i) A person named in a requisition from another officer who could himself arrest without warrant.

Clause (b): the test of necessity

Clause (b) took its present form by an amendment in force from 1 November 2010. For an offence of up to seven years, two things must exist.

Reason to believe. The officer must believe, on the complaint or information, that the person committed the offence.
Necessity. He must be satisfied that arrest is needed. The grounds are to prevent a further offence, for proper investigation, or to stop evidence being destroyed. They also include stopping pressure on witnesses and securing the person's attendance in court.

The officer must record his reasons for arresting. Where he does not arrest, he must record why.

Notice of appearance (section 41A)

Where clause (b) does not justify arrest, the officer shall issue a notice to appear before him. If the person obeys, he is not to be arrested unless the officer records reasons. If he does not obey, or refuses to identify himself, he may be arrested.

Non-cognizable offences (section 41(2))

No one may be arrested for a non-cognizable offence without a warrant or a Magistrate's order. The only exception is section 42.

Arrest by others

Section 42. A person who commits a non-cognizable offence before an officer may be arrested if he hides his name and residence.
Section 43. A private person may arrest anyone who commits a non-bailable and cognizable offence in his presence, or a proclaimed offender. He must hand him over to the police without unnecessary delay.
Section 44. A Magistrate may arrest, or order the arrest of, a person who commits an offence in his presence within his area.

Rights of the person arrested

The officer must wear a clear name tag and prepare an arrest memo, attested and countersigned (section 41B).
Names of persons arrested are displayed at the district control room (section 41C).
The person may meet an advocate during interrogation, though not throughout (section 41D).

He must be told the grounds of arrest, and of his right to bail in a bailable case (section 50). Article 22(1) of the Constitution gives the same right.
A relative or friend he names must be informed (section 50A).
He must be medically examined soon after arrest (section 54), and his custodian must care for his health and safety (section 55A).
He must be produced before a Magistrate within twenty-four hours, leaving out journey time (sections 56 and 57; article 22(2)).

The leading cases

Facts. In D.K. Basu v. State of West Bengal, (1997) 1 SCC 416, decided on 18 December 1996, letters about deaths in police lock-ups were treated as a writ petition.

Held. The Court laid down requirements for every arrest. Officers must wear clear identification. An arrest memo must be attested and countersigned. A relative must be told, and the person must be medically examined.

Why it bears. Sections 41B, 41D, 50A and 54 grew from these directions.

Facts. In Arnesh Kumar v. State of Bihar, decided on 2 July 2014, a husband accused of cruelty and dowry demands feared routine arrest.

Held. For offences up to seven years, an officer may not arrest only because he has the power. He must satisfy himself of a ground in section 41(1)(b)(ii) and record it. A Magistrate must check those reasons before authorising detention.

Why it bears. It makes the necessity test in clause (b) a real check, enforced by the Magistrate.

Under the Sanhita

From 1 July 2024, section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces sections 41 and 41A. Section 35(7) adds a new rule. A person who is infirm or over sixty cannot be arrested for an offence under three years without a Deputy Superintendent's permission. Section 43 replaces section 46 and allows handcuffs for listed grave offences. Section 40 (old section 43) now requires a private person to hand over the arrested person within six hours. Sections 47, 48 and 58 replace sections 50, 50A and 57.

Conclusion. The police may arrest without warrant only in the cases listed in section 41. For offences up to seven years, arrest must be necessary, and a notice under section 41A is the first step. The person arrested has rights at every stage. D.K. Basu and Arnesh Kumar guard against arrest as a matter of routine.

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2016 Dec (70 marks) Question Paper with Solutions

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