Question 51 of 77 · Judiciary
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Offences for which the police can arrest a person without a warrant from a court are called:

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Answer: Option B — Cognizable offences

Detailed Solution

Cognizable offences are offences for which a police officer can arrest a person without a warrant and can start an investigation without the permission of a magistrate.

Definition:

  • The Code of Criminal Procedure defined a cognizable offence as one for which a police officer may, in accordance with the First Schedule or any other law, arrest without a warrant.
  • The same idea continues in the Bharatiya Nagarik Suraksha Sanhita, 2023.

Examples of cognizable offences:

  • Murder, rape, dowry death, kidnapping, theft, robbery, dacoity and rioting.
  • These are generally serious offences.

What police can do:

  • The police must register a First Information Report (FIR) when they receive information about a cognizable offence.
  • In the Lalita Kumari case (2013), the Supreme Court held that registration of an FIR is mandatory if the information discloses a cognizable offence.
  • The police can investigate without the order of a magistrate.

Non-cognizable offences:

  • These are less serious offences, such as simple hurt, defamation and public nuisance.
  • The police cannot arrest without a warrant and cannot investigate without the permission of a magistrate.
  • Information about such offences is recorded in a separate register.

Other classifications of offences:

  • Bailable offences: the accused has a right to be released on bail.
  • Non-bailable offences: bail is at the discretion of the court.
  • Compoundable offences: the parties can settle the case by compromise, sometimes with the court's permission.
  • Non-compoundable offences: cannot be settled by compromise.

Zero FIR:

A Zero FIR can be registered at any police station, regardless of where the offence took place, and transferred later to the right police station.

Safeguards in arrest:

The D.K. Basu guidelines require the police to follow procedures, such as informing relatives and preparing an arrest memo.

The Arnesh Kumar case (2014) laid down that arrests should not be automatic for offences punishable with less than seven years of imprisonment.

Why not the other options?

  • ✗Non-cognizable offences need a warrant.
  • ✗Compoundable and bailable offences are other classifications, not related to arrest without warrant.

Quick tip

Remember: Cognizable = arrest without warrant + FIR mandatory; non-cognizable = warrant and magistrate's permission needed.

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Judiciary — Preparation

This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.