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Consider the following statements:
Question

Consider the following statements:

A.

Illegal arrest does not vitiate the trial.

B.

A confession is not invalidated by the illegal arrest.

C.

Mere keeping a person in a police station or restricting his movements within the precincts of a police station amounts to arrest.

D.

Arrest need not be by handcuffing a person, but could be complete by spoken words. Select the correct answer using the codes given below:
(a) Only 1 and 2 are correct (b) Only 1 and 4 are correct (c) Only 1, 2 and 4 are correct (d) 1, 2, 3, and 4 all are correct

Correct option is D


The correct answer is (d). All the given statements are correct:
1. Illegal arrest does not automatically vitiate the trial as long as the trial is conducted fairly and in accordance with the law.
2. A confession made during an illegal arrest may still be valid if it is made voluntarily.
3. Any act of confining a person within the police station or its precincts amounts to arrest.
4. Arrest does not necessarily involve physical restraint like handcuffing; it can also be effected through verbal communication.
Information Booster: The legality of arrest and procedural adherence is crucial, but these factors alone do not determine the validity of the trial or confession. The overall fairness of the judicial process is the key consideration.
Additional Knowledge:
· Illegal Arrest and Trial: While illegal arrest might lead to certain legal challenges, it does not inherently invalidate subsequent proceedings if due process is followed.
· Confession Validity: The validity of a confession is contingent on it being voluntary, not necessarily on the legality of the arrest.
· Arrest Definition: The definition of arrest includes any form of confinement or restriction, emphasizing that physical restraint is not a mandatory component.
· Spoken Arrest: An arrest can be completed through the authority of spoken words, without the necessity of physical force or handcuffs.

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