KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2016 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2016 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2016 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2016 Jun 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 3 hours · Total marks 100 · 13 questions answered
How to use this volume
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.
Q1What do you mean by arrest ? Who can arrest ? Explain rights of the person arrested.[16]
Answer
For full marks, cover: what arrest means, though the Code of Criminal Procedure, 1973 does not define it, and how it is made (section 46); who can arrest: a police officer without a warrant (sections 41, 42 and 151) or under a warrant (sections 70 to 73), a private person (section 43), and a Magistrate (section 44), with the protection of the armed forces (section 45) and of women (section 46(4)); the rights of the arrested person, from the moment of arrest to production before a Magistrate (articles 20(3), 21, 22 and 39A of the Constitution; sections 41B, 41D, 49 to 57 and 304); the leading cases (D.K. Basu, Sheela Barse v. State of Maharashtra, Prabir Purkayastha); a table; the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.
What arrest means
Arrest is taking a person into custody by legal authority, so that he may answer a criminal charge or be prevented from committing an offence. The Code does not define it. Section 46 shows how it is done. The person making the arrest "shall actually touch or confine the body of the person to be arrested", unless he submits to custody by word or action.
Some limits on the manner apply.
- A woman. Her submission to custody on an oral intimation is presumed. Unless circumstances require it, or the officer is a woman, the officer shall not touch her (proviso to section 46(1)).
- Night arrest of women. Save in exceptional cases, no woman is arrested between sunset and sunrise. In such a case, a woman police officer must first get a first class Magistrate's written permission (section 46(4)).
- Force. Only necessary force may be used against a person who resists or tries to escape. It never extends to causing the death of a person not accused of an offence punishable with death or life imprisonment (section 46(2) and (3)).
- No unnecessary restraint (section 49). He is not to be restrained more than is necessary to prevent escape.
Who can arrest
- A police officer without a warrant (section 41). He may arrest a person who commits a cognizable offence in his presence. He may also arrest on a reasonable complaint or credible information of a cognizable offence. For an offence punishable with up to seven years, he must also be satisfied that arrest is necessary. Examples are to prevent further offences or tampering with evidence. Otherwise he issues a notice to appear (section 41A).
- A police officer, in other cases. He may arrest a person who refuses to give his name and residence for a non-cognizable offence (section 42). He may also arrest to prevent a cognizable offence he knows is designed (section 151).
- A police officer under a warrant (sections 70 to 73). A warrant of arrest, issued by a court, is ordinarily directed to a police officer, who must execute it.
- A private person (section 43). He 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.
- A Magistrate (section 44). An Executive or Judicial Magistrate may arrest, or order the arrest of, a person who commits an offence in his presence within his area.
- Protected persons. Members of the Armed Forces cannot be arrested for anything done in official duty without the Government's consent (section 45).
The rights of the arrested person
- To know why (article 22(1); section 50(1)). He must be told "forthwith" the full particulars of the offence or other grounds of arrest. Under a warrant, its substance must be notified to him, and the warrant shown if he asks (section 75).
- To know of bail (section 50(2)). If arrested without a warrant for a bailable offence, he must be told he may be released on bail and may arrange sureties.
- An arrest memo and an identified officer (section 41B). The officer must wear clear identification. He must prepare a memo of arrest, attested by a family member or respectable local person, and countersigned by the person arrested.
- To have someone informed (section 50A). The police must at once inform a relative, friend or other nominated person of the arrest and the place of custody. The Magistrate must check that this was done.
- To a lawyer (article 22(1); section 41D). He may consult a lawyer of his choice, and meet one during interrogation, though not throughout it.
- To free legal aid (article 39A; section 304). If he cannot afford a lawyer, the State must provide one.
- To silence (article 20(3)). He cannot be compelled to be a witness against himself.
- To medical examination (section 54). He is examined by a medical officer soon after arrest, and may ask for it to show any injury. The person having his custody must take reasonable care of his health and safety (section 55A).
- A decent search (section 51). He is given a receipt for articles taken. A woman is searched only by another woman, with strict regard to decency.
- To be produced before a Magistrate within twenty-four hours (article 22(2); sections 56 and 57). The journey time is excluded. Beyond that, he can be held only on a Magistrate's order.
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 custody were treated as a writ petition.
Held. The Court laid down binding requirements for every arrest. These include the officer's name tag, an attested and countersigned arrest memo, informing a friend or relative, medical examination, and production before a Magistrate. Failure exposes the officer to departmental action and contempt.
Why it bears. Most of the rights listed above were first set out here and later written into the Code in 2009.
Facts. In Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96, decided on 15 February 1983, a journalist reported that women prisoners in Bombay said they had been assaulted and tortured in police lock-ups.
Held. Female suspects must be kept in separate lock-ups guarded by female constables. "Interrogation of females should be carried out only in the presence of female police officers/constables." As soon as a person is arrested, the police must ask whom to inform and inform that person. The Magistrate must ask whether he has any complaint of torture, and tell him of his right to medical examination.
Why it bears. It extended the rights of arrested persons, especially women, and tied them to legal aid.
Facts. In Prabir Purkayastha v. State (NCT of Delhi), 2024 INSC 414, decided on 15 May 2024, the director of a news portal was arrested under the Unlawful Activities (Prevention) Act, 1967. He was remanded to police custody before the grounds of arrest were given to him in writing.
Held. "The right to be informed about the grounds of arrest flows from Article 22(1)." It is "salutary and sacrosanct", because it is the only effective way to consult a lawyer, oppose remand and seek bail. Its breach "would vitiate the process of arrest and remand". The arrest and remand were declared invalid and he was released.
Why it bears. The first right of an arrested person is a real right, enforced by release.
The scheme at a glance
| Who arrests | Source of power | Key condition |
|---|---|---|
| Police, without warrant | Sections 41, 42, 151 | Cognizable offence, or refusal of name, or design to commit a cognizable offence |
| Police, with warrant | Sections 70 to 73 | A court's written, signed and sealed warrant |
| Private person | Section 43 | Non-bailable cognizable offence in his presence, or proclaimed offender |
| Magistrate | Section 44 | Offence in his presence, within his area |
Under the Sanhita
From 1 July 2024, sections 35 to 62 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 41 to 60A. Section 35 takes in the notice to appear. Section 35(7) needs a Deputy Superintendent's permission to arrest an infirm person, or one over sixty, for an offence punishable with less than three years. Section 43(3) allows handcuffs for listed grave offenders. Sections 47, 48, 53 and 58 replace sections 50, 50A, 54 and 57. Section 341 replaces section 304.
Conclusion. Arrest is the taking of a person into lawful custody. Police officers, private persons and Magistrates may arrest, each within the limits of the Code. Women receive special care, and the armed forces special protection. The arrested person has rights from the first moment. He must know the grounds and have someone told. He has a right to a lawyer, legal aid and silence, and to medical care and a decent search. He must be produced before a Magistrate within twenty-four hours. D.K. Basu, Sheela Barse and Prabir Purkayastha show that the courts enforce these rights strictly.
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