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Public Prosecutor

A was suspect...

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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Q. 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.

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1. A person is liable for negligence, if he fails to take care of his neighbour's interest.
2. A neighbor is anyone whose interests should have been forseeable by a reasonable man while carrying on his activities.
Facts
A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out the stadium and hit this person and injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
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i) The organizers are responsible for the people inside the stadium.
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Your decision with the reason

Q. Principle : False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.
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Principles

1.

If A is asked to do something by B, B is responsible for the act, not A.

2.

If A, while acting for B commits a wrong, A is responsible for the wrong, not B.

3.

If A is authorised to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.
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