139 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.35
Under Section 35(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, when may a police officer arrest a person without a warrant?
- A.When the person commits, in the presence of a police officer, a cognizable offence.✓ correct
- B.When a Magistrate has issued a written order for arrest.
- C.When a complaint has been made about a non‑cognizable offence.
- D.When the person is merely under civil suspicion or negligence.
Why: Section 35(1)(a) expressly permits any police officer to arrest without a warrant a person who commits, in the presence of a police officer, a cognizable offence. Other options are not covered by subsection (1)(a).
Read Section 35 — When police may arrest without warrant →Q2 · easy · BNSS S.35
If an arrest is not required under Section 35(1), what must the police officer do under Section 35(3)?
- A.Release the person without any further action.
- B.Refer the matter to a Magistrate for investigation.
- C.Issue a notice directing the person to appear before him or at such other place as may be specified in the notice.✓ correct
- D.Immediately file a charge-sheet against the person.
Why: Section 35(3) mandates that where arrest is not required under subsection (1), the police officer shall issue a notice directing the person to appear before him or at such other place as specified. The provision does not require immediate release or filing of charge-sheet in this circumstance.
Read Section 35 — When police may arrest without warrant →Q3 · medium · BNSS S.35
A person was issued a notice under Section 35(3) and complies and continues to comply with its terms. Under Section 35(5), when may that person nevertheless be arrested in respect of the offence referred to in the notice?
- A.They cannot be arrested in any circumstances once they comply with the notice.
- B.They may be arrested only if the police officer, for reasons to be recorded, is of the opinion that he ought to be arrested.✓ correct
- C.They may be arrested only upon a Magistrate's warrant.
- D.They may be arrested if the complainant files a further written complaint.
Why: Section 35(5) states that if the person complies and continues to comply with the notice, he shall not be arrested unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. The subsection thus permits arrest only on recorded reasons by the officer.
Read Section 35 — When police may arrest without warrant →Q4 · hard · BNSS S.35
Which statement correctly captures the difference between the grounds for arrest in Section 35(1)(b) and Section 35(1)(c)?
- A.(b) applies to offences punishable with death, while (c) applies to offences punishable with imprisonment of less than seven years.
- B.Both (b) and (c) require the police officer to be satisfied that arrest is necessary for investigation or to prevent tampering with evidence.
- C.(b) applies to offences punishable up to seven years and requires the officer to be satisfied that arrest is necessary and to record reasons when making the arrest; (c) applies to offences punishable with imprisonment for more than seven years or with death and requires the officer to have reason to believe on the basis of credible information that the person committed the offence.✓ correct
- D.(b) allows arrest only with a Magistrate's warrant, while (c) allows arrest without any belief or information.
Why: Section 35(1)(b) deals with offences punishable with imprisonment which may be less than seven years or extend to seven years and requires the officer to have reason to believe and to be satisfied that arrest is necessary (with reasons recorded). Section 35(1)(c) concerns offences punishable with imprisonment for more than seven years or death and requires that the officer has reason to believe on the basis of credible information. The two subsections thus set different requirements.
Read Section 35 — When police may arrest without warrant →Q5 · easy · BNSS S.36
Which of the following must every police officer bear while making an arrest under Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- A.An accurate, visible and clear identification of his name✓ correct
- B.Only a warrant of arrest issued by a magistrate
- C.Only a badge number without name
- D.A written order from a superior officer
Why: Section 36(a) requires that every police officer while making an arrest shall bear an accurate, visible and clear identification of his name which will facilitate easy identification. The provision does not limit this to a warrant, badge number, or superior's order.
Read Section 36 — Procedure of arrest and duties of officer making arrest →134 more questions on Arrest Of Persons
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