The Code of Criminal Procedure, 1973, does *not* expressly provide for which one of the following?
[amp_mcq option1=”Identification of an arrested person” option2=”Detention of an arrested person beyond 24 hours with an order of the Magistrate” option3=”Health of an arrested person” option4=”Bail to a person arrested under Preventive Detention Law” correct=”option4″]
This question was previously asked in
UPSC CISF-AC-EXE – 2018
– Preventive detention is governed by specific laws like the National Security Act, COFEPOSA, etc., enacted under the powers provided by the Constitution (Article 22). These laws have their own procedures for detention, review, and limited rights of the detenu.
– The provisions for bail in the CrPC (Sections 436-439) apply to persons accused of having committed offences, allowing for their release during the pendency of investigation, inquiry, or trial, often upon furnishing security. These provisions do not apply to persons detained under preventive detention laws, which operate outside the normal criminal process based on suspicion of future acts.
– Section 57 of CrPC limits detention by police to 24 hours in the absence of a special order from a Magistrate. Section 167 provides for detention beyond 24 hours with the Magistrate’s order (police custody or judicial custody). The CrPC expressly provides for detention beyond 24 hours *with* a Magistrate’s order.
– Section 54 of CrPC mandates the medical examination of an arrested person, thereby providing for the health of the arrested person by ensuring a medical record.