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 prevented 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.
• 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 before arresting.
• C. C is not liable for having falsely imprisoned A, since the restraint was not total.
• D. C is not liable for having falsely imprisoned A, since he did not take him to a prison.

Answer 1

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 before arresting.

A policeman has no right to arrest someone without any warrant. But, section 48 of cpc is the exception of this rule. A policeman can arrest without magistrate's warrant but he need to present him in the court of law. Hence, C is not liable for the false imprisonment.

hence, B is the correct option.