Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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21.

Which one of the following is not a necessary requirement for a proper procedure of arrest under section 41 B of C.R.P.C. ?

A: The police officer shall bear an accurate identification of his name
B: The police officer shall bear a visible and clear identification of his name
C: The police officer shall prepare a memorandum of arrest to be countersigned by the person arrested
D: The police officer shall inform the person arrested that he has right of legal counsel during interrogation.

The answer is: D

Explanation

The correct answer is D : The police officer shall inform the person arrested that he has right of legal counsel during interrogation.

This is because Section 41 B of C.R.P.C. does not mention anything about informing the person arrested of his right of legal counsel during interrogation. This is a right that is derived from Article 22 (1) of the Constitution of India, which states that no person who is arrested shall be denied the right to consult, and to be defended by, a legal practitioner of his choice.

Section 41 B of C.R.P.C. lays down the procedure of arrest and duties of officer making arrest. It states that every police officer while making an arrest shall:

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) prepare a memorandum of arrest which shall be attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made, and countersigned by the person arrested;

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

Therefore, options A, B and C are necessary requirements for a proper procedure of arrest under section 41 B of C.R.P.C., while option D is not.