Principle Nothing is an offence which is done by a person who is bound by law rsquo s to do it Facts...........

Indian Penal Code (IPC) 1860 Others

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Principle: Nothing is an offence which is done by a person who is bound by law’s to do it.

Facts: ‘A’ a police officer, without warrant apprehends ‘Z’ who has committed murder.

‘A’ is guilty of the offence of wrongful confinement

‘A’ is not guilty of the offence of wrongful confinement

‘A’ may be guilty of the offence of wrongful restraint

‘A’ cannot apprehend ‘Z’ without a warrant issued by a court of law

Explanation:

Thisis one of those rare questions which require a little insight (and application of legal knowledge) in order to solve them. There are certain offences under the Indian Penal Code, 1860, which are called cognizable offences. In case of cognizable offences no warrant is necessary and the police officer is free to take notice of the crime himself/herself. In case of non-cognizable offences, a warrant is necessary and the police officer cannot arrest without a warrant. This tends to happen for less serious crimes. Cognizable offences include waging war against India, being member of an unlawful assembly, receipt of illegal gratification by a public servant, murder, etc. Example of non-cognizable offences include cheating, mischief, forgery, etc.In this case since the crime is of a very serious nature, murder, the police officer does not require a warrant and may cause arrest on his own accord.