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The Code of Criminal Procedure, 1973, does not expressly provide for which one of the following ?
Explanation
The Code of Criminal Procedure (CrPC), 1973, contains specific provisions regarding the rights and treatment of arrested persons. Section 54A (inserted in 2005) expressly provides for the identification of the person arrested. Section 167 details the procedure for detention beyond 24 hours, requiring an order from a Magistrate (remand). Section 55A (inserted in 2008) explicitly mandates that the person having custody shall take reasonable care of the health and safety of the accused. In contrast, Preventive Detention is governed by Article 22 of the Constitution and specific statutes (like the National Security Act). The bail provisions of the CrPC (Sections 436-439) apply to persons accused of "offences". Since preventive detention is not a trial for an offence, the CrPC does not expressly provide for bail in such cases; remedies are typically sought through the specific Act or writ petitions.
SIMILAR QUESTIONS
Consider the following statements relating to identification of arrested person under the Code of Criminal Procedure, 1973 :
1. An arrested person can be directed to subject himself to identification in the manner prescribed by the court.
2. If the person identifying the person arrested is mentally or physically disabled, the identification process must be videographed in all cases.
3. The supervision of a Magistrate is not mandatory if the person identifying is mentally or physically disabled.
Which of the statements given above is/are correct?
Which Section of the Criminal Procedure Code, 1973 makes provision regarding search of the arrested person and making an inventory of the articles found upon him ?
Who among the following does not have the power to make an order under Section 98 of the Code of Criminal Procedure, 1973, for restoration of abducted females ?
Power to search a place entered by a person sought to be arrested has been provided under
Consider the following statements with regard to search under the Code of Criminal Procedure, 1973 :
1. A search warrant remains in force until cancelled by the court issuing it or the same is executed.
2. A search warrant cannot be executed at any place if the place concerned falls outside the jurisdiction of the court issuing it.
3. A search warrant may be issued by the District Magistrate for search of a person who has been confined where such confinement amounts to an offence.
Which of the statements given above is/are correct?