Rule of Arrest Under Bharatiya Nagarik Suraksha Sanhita

35

When police may arrest without warrant.

Section 41

35 (1)

Any police officer may without an order from a Magistrate and without a warrant, arrest any person −

Section 41 (1)

35 (1) (a)

who commits, in the presence of a police officer, a cognizable offence; or

Section 41 (1) (a)

35 (1) (b)

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely: —

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing −Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or

Section 41 (1) (b)

35 (1) (c)

against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or

This provision explained under Section 41 (1) (ba)

35 (1) (d)

who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or

This provision explained under Section 41 (1) (c)

35 (1) (e)

(e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

This provision explained under Section 41 (1) (d)

35 (1) (f)

who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

This provision explained under Section 41 (1) (e)

35 (1) (g)

who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

This provision explained under Section 41 (1) (f)

35 (1) (h)

who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

This provision explained under Section 41 (1) (g)

35 (1) (i)

who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or

This provision explained under Section 41 (1) (h)

35 (1) (j)

for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

This provision explained under Section 41 (1) (i)

35 (2)

Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

This provision explained under Section 41 (2)

35 (3)

The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

This provision explained under Section 41A (1)

35 (4)

Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

This provision explained under Section 41A (2)

35 (5)

Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

This provision explained under Section 41A (3)

35 (6)

Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

This provision explained under Section 41A (4)

35 (7)

No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.

Not present in CrPC

36

Procedure of arrest and duties of officer making arrest.

Section 41B

Every police officer while making an arrest shall:

36 (a)

bear an accurate, visible and clear identification of his name which will facilitate easy identification;

Section 41B (a)

36 (b)

prepare a memorandum of arrest which shall be—

Section 41B (b)

36 (b) (i)

attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

Section 41B (b) (i)

36 (b) (ii)

countersigned by the person arrested; and

Section 41B (b) (ii)

36 (c)

inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.

Section 41B (c)

37

Designated police officer.

Section 41C & the terms used “Control room at districts.”

38

Right of Arrested person to meet an advocate of his choice during interrogation.

Section 41D

39

Arrest on refusal to give name and residence.

Section 42

40

Arrest by private person and procedure on such arrest.

Section 43

41

Arrest by Magistrate

Section 44

42

Protection of members of Armed Forces from arrest.

Section 45

43

Arrest how made

Section 46

43 (3)

The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.

Not Present in CrPC

44

Search of place entered by person sought to be arrested.

Section 47

45

Pursuit of offenders into other jurisdictions.

Section 48

46

No unnecessary restraint.

Section 49

47

Person arrested to be informed of grounds of arrest and of right to bail.

Section 50

48

Obligation of person making arrest to inform about arrest, etc., to relative or friend.

Section 50A

49

Search of Arrested person

Section 51

50

Power to seize offensive weapons.

Section 52

51

Examination of accused by Medical practitioner at request of police officer.

Section 53

51 (1)

When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. In CrPC, the condition is – police officer must be the rank of sub-inspector, but in BNSS it is “any police officer.”

Section 53 (1) – When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

52

Examination of person accused of rape by Medical practitioner.

Section 53A

53

Examination of arrested person by medical officer.

Section 54

54

Identification of person arrested.

Section 54A

54 (Full provision).

Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means. Note − here, last clause is amended.

Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with: Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.

55

Procedure when police officer deputes subordinate to arrest without warrant.

Section 55

56

Health and safety of arrested person.

Section 55A

57

Person arrested to be taken before Magistrate or officer in charge of police station.

Section 56

58

Person arrested not to be detained more than twenty-four hours.

Section 57

58 (full provision)

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.

There is minor change in language, as highlighted above.

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

59

Police to report apprehensions.

Section 58

60

Discharge of Person apprehended.

Section 59

61

Power, on escape, to pursue and retake.

Section 60

62

Arrest to be made strictly according to Sanhita.

Section 60A