MH CET Law: CrPC Sec 82 Trap

crpc_bnss mh_cet_law intermediate trick_question

CrPC Sec 82 says police can take a person into custody without warrant if 'the circumstances disclose or render it likely that the person to be arrested would abscond or conceal himself'. This section seems straightforward, but students often get fooled by its simplicity. The key is 'abscond or conceal himself', which doesn't necessarily mean the person is hiding from the police. For example, in the case of Bhagwan Singh vs State of Punjab, Supreme Court said mere fleeing from the scene is not absconding, but it might be a sign of concealing himself, especially if a person has a history of fleeing. So, the crucial thing to consider is the person's past conduct and likelihood of hiding evidence.

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