Under Section 56, what must an officer in charge do when directing a subordinate to arrest without warrant?

Section 56 of the Criminal Procedure Code (CrPC) 1898 establishes clear rules for directing a subordinate officer to make an arrest without a warrant. When an officer in charge of a police station issues such an instruction, it is mandatory... Read More

1 CRIMINAL PROCEDURE CODE (CRPC) 1898 MCQS

Under Section 56, what must an officer in charge do when directing a subordinate to arrest without warrant?

  • Give oral instructions
  • Written order specifying details
  • Send a text message
  • Report to Magistrate first
Correct Answer: B. Written order specifying details

Detailed Explanation

Section 56 of the Criminal Procedure Code (CrPC) 1898 establishes clear rules for directing a subordinate officer to make an arrest without a warrant. When an officer in charge of a police station issues such an instruction, it is mandatory that the order be in written form specifying all relevant details. This ensures clarity, accountability, and legal compliance in the arrest process.


A written order typically includes information about the person to be arrested, the reason for the arrest, the applicable legal provisions, and any special instructions for handling the situation. This prevents confusion, miscommunication, or misuse of authority that could arise from oral instructions alone. It also serves as a formal record in case of judicial scrutiny or complaints regarding the arrest.


The requirement of a written directive strengthens transparency and accountability within the police hierarchy. It ensures that subordinates follow lawful instructions, and that arrests without warrants are conducted properly, protecting the rights of the individual being arrested. Courts may rely on the written order to verify that the arrest was authorized and executed in accordance with the law.


 


By adhering to Section 56, the police maintain both operational efficiency and legal propriety, ensuring that even in urgent situations requiring immediate action, proper procedures are respected.


Key Facts:



  • Relevant Law: Section 56 of the Criminal Procedure Code (CrPC) 1898

  • Requirement: Officer in charge must issue a written order specifying details

  • Purpose: Ensures clarity, accountability, and legal compliance in arrests

  • Contents of Order: Identity of accused, grounds of arrest, legal provisions, instructions

  • Significance: Prevents misuse of authority and protects rights of the arrested person

  • Judicial Importance: Written order serves as evidence of lawful direction for arrest

  • Scope: Applies whenever a subordinate is directed to arrest without a warrant

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