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Question

A was suspected of having committed the murder of B, C a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevailed him from going anywhere.

A
C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate
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B
C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest
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C
C is not liable for having falsely imprisoned A since the restraint was not total
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D
C is not liable for having falsely imprisoned A, since he did not take him to a prison
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Solution

The correct option is B C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest
A police officer under Section 48 of Criminal Procedure Code has the right to arrest a person without a warrant whom he is authorized to arrest.
C is a police officer and is authorized to arrest A who is a suspect in the murder of B.
Therefore, he is not liable of falsely imprisoning A even though he had no warrant or prior permission of the Magistrate.

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