The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. This Provision comes under ________.

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  1. Section 49 of the Code of Criminal Procedure, 1973
  2. Section 10 of the Protection of Civil Rights Act, 1955
  3. Section 46 of the Code of Criminal Procedure, 1973
  4. Article 20(2) of the Constitution of India

Answer (Detailed Solution Below)

Option 1 : Section 49 of the Code of Criminal Procedure, 1973
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Detailed Solution

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The correct answer is Option 1.

Key Points

  • The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. This Provision comes under Section 49 of the Code of Criminal Procedure, 1973.
  • Section 10 of the Protection of Civil Rights Act, 1955: A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.

Additional Information 

  • Section 46 of the Code of Criminal Procedure, 1973: In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
  • Article 20(2) of the Constitution of India: The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal.
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