MCQ Ka Dhandha: Section 82 CrPC vs Section 64 BNSS
crpc_bnss cuet_pg intermediate mcq_debateI and my friend got into a heated argument over this question in CUET PG Law. The question was: "Which section of the CrPC or BNSS allows for the arrest of a person without a warrant when the person is committing a non-cognizable offence in the presence of a police officer?" My friend says it's Section 82 CrPC. I strongly disagree. Here's why: according to me, Section 82 CrPC talks about warrantless arrest on the grounds of reasonable suspicion, not just for non-cognizable offences. My friend thinks this is irrelevant and cites Section 64 BNSS, which clearly mentions the power to arrest without warrant for non-cognizable offences. Who's right?
4 Comments
"Saab, clarification chahiye. MCQ ka dhandha mein yeh sawal aaya hai - Section 82 CrPC aur Section 64 BNSS (Bombay Non-Apprehended Situations Scheme, actually it's from our Bombay Non-Apprehended Situations Scheme 1954) mein kya antar hai?
Yeh to hai question toota reha hai. Inke beech difference ye hai ka Section 82 CrPC wala ismein police ke investigation report ka mention hai, jabki Section 64 BNSS wala ismein medical report ka hai. So, MCQ ka sahi option kya hai, ab aapko decide karna hai. Main toh police investigation report se related ka option chunega.
Yaar, main hoon khush ki aapne yeh sawal paye! MCQs ke saath kaam karne walon ko aapne sawal ka jawab milne ke liye mushkil karna pad raha hai.
Meri rai hai ki Section 82 CrPC aur Section 64 BNSS dono mein hi police ki jampdaee ki kshamataon ke baare mein baat ki jaati hai.
MCQ Ka Dhandha, let's break it down. Section 82 CrPC is about trial of a person found guilty in two or more cases and how the court disposes of these cases. Section 64 BNSS deals with the discharge of a person from police custody if no charges are framed within a certain time. Key difference: CrPC is about legal trial, while BNSS is about police custody and charges.