Section 35: When police may arrest without warrant
Explanation: This crucial section outlines the circumstances under which a police officer can arrest a person without needing an arrest warrant issued by a Magistrate.
Sub-section (1): Grounds for Arrest Without Warrant
Explanation: A police officer can arrest without a warrant if:
(a) Cognizable Offence in Presence: The person commits a cognizable offence right in front of the police officer.
Example: An officer sees someone snatching a purse. They can arrest the snatcher immediately.
(b) Cognizable Offence (Punishable < 7 years): There’s a reasonable complaint, credible information, or reasonable suspicion that the person committed a cognizable offence punishable with imprisonment up to 7 years (with or without fine), AND the officer believes arrest is necessary for specific reasons:
(i) The officer has reason to believe the person committed the offence.
(ii) Arrest is necessary to:
(a) Prevent further offences.
(b) Ensure proper investigation.
(c) Prevent disappearance/tampering of evidence.
(d) Prevent inducement/threats to witnesses.
(e) Ensure the person’s presence in court when required.
The officer must record the reasons in writing for making the arrest.
Proviso: If arrest is not required under these conditions, the officer must record the reasons for not arresting.
Example: Police receive credible information that Ajay committed theft (punishable < 7 years). They believe Ajay might flee or threaten the witness. They can arrest Ajay but must write down these reasons. If they believe Ajay will cooperate and poses no flight risk, they might not arrest him but must document why.
(c) Cognizable Offence (Punishable > 7 years / Death): There’s credible information the person committed a cognizable offence punishable with more than 7 years imprisonment, or death, AND the officer has reason to believe (based on that information) that the person committed it. (Here, the necessity conditions of clause (b) are not explicitly required, though officers generally act reasonably).
Example: Police receive credible information linking Bala to a recent murder. They have reason to believe Bala committed it. They can arrest Bala without a warrant.
(d) Proclaimed Offender: The person has been officially declared a proclaimed offender under the BNSS or by a State Government order.
Example: A court has issued a proclamation for Varun who absconded after being accused of a serious crime. Any police officer spotting Varun can arrest him on sight.
(e) Possession of Stolen Property: The person possesses something reasonably suspected to be stolen property and is reasonably suspected of committing an offence related to it.
Example: An officer finds someone trying to sell jewellery matching the description of items recently stolen in a burglary, under suspicious circumstances. The officer can arrest the person.
(f) Obstruction or Escape: The person obstructs a police officer performing their duty, or has escaped (or attempts to escape) from lawful custody.
Example: While an officer is trying to manage traffic, someone physically pushes them. The officer can arrest that person for obstruction.
(g) Deserter from Armed Forces: The person is reasonably suspected of being a deserter from the Army, Navy, or Air Force.
Example: Police receive information with a description of a suspected army deserter and find someone matching the description who cannot provide proper identification or explanation. They can arrest the person.
(h) Offence Committed Outside India: The person was involved (or reasonably suspected/credibly informed to be involved) in an act committed outside India that would be an offence if done in India, and they are liable for extradition or detention in India.
Example: Interpol issues a notice for someone who committed fraud abroad, which is also an offence in India. If found in India, police can arrest them based on credible information.
(i) Breach by Released Convict: The person is a released convict who violates a rule made under Section 394(5) (related to notifying residence after release).
Example: A convict released under conditions requiring them to report any change of address fails to do so. If caught, police can arrest them.
(j) Requisition from Another Officer: Another police officer sends a written or oral request (requisition) for the person’s arrest, specifying the person and the offence/cause, and it appears the requesting officer could have lawfully arrested them without a warrant.
Example: A police officer in Delhi sends a formal request to Mumbai police to arrest a suspect in a Delhi-based cognizable case, providing details. Mumbai police can arrest the suspect based on this requisition.
Sub-section (2): Non-Cognizable Offences
Explanation: Subject to Section 39 (arrest for refusing name/address), no person involved (or suspected/credibly informed to be involved) in a non-cognizable offence can be arrested except under a warrant or order from a Magistrate.
Example: Police cannot arrest someone accused solely of defamation (non-cognizable) without a Magistrate’s warrant.
Sub-section (3): Notice for Appearance (instead of Arrest)
Explanation: In cases covered by sub-section (1)(b) (cognizable, punishable < 7 years), where arrest is not required, the police officer shall issue a written notice directing the person to appear before them or at a specified place.
Example: In the theft case involving Ajay (from 1(b)), if the police believe he will cooperate, instead of arresting him, they must issue him a notice asking him to come to the police station on a specific date for questioning.
Sub-section (4): Duty to Comply with Notice
Explanation: The person receiving such a notice has a legal duty to comply with its terms.
Example: Ajay receives the notice and must appear at the police station as directed.
Sub-section (5): Compliance -> No Arrest (Generally)
Explanation: If the person complies with the notice and continues to comply, they shall not be arrested for the offence mentioned in the notice, unless the police officer later decides arrest is necessary and records the reasons for it.
Example: Ajay appears as per the notice and cooperates. He won’t be arrested unless, during questioning, police find evidence suggesting he might destroy evidence, leading them to record reasons and make the arrest.
Sub-section (6): Non-Compliance -> Arrest
Explanation: If the person fails to comply with the notice at any time, or refuses to identify themselves, the police officer may arrest them for the offence mentioned in the notice (subject to any court orders).
Example: If Ajay ignores the notice and doesn’t show up, the police officer can then proceed to arrest him.
Sub-section (7): Restriction on Arrest (Minor Offences, Specific Persons)
Explanation: For offences punishable with less than 3 years imprisonment, no arrest shall be made without prior permission from an officer of Deputy Superintendent of Police (DSP) rank or higher, if the accused person is infirm (sick/weak) or above 60 years of age.
Example: Police investigate a case of simple hurt (punishable < 3 years) allegedly committed by a 70-year-old man. Even if conditions for arrest under (1)(b) seem met, the investigating officer cannot arrest him without getting permission from their DSP or a higher-ranking officer.
Section 36: Procedure of arrest and duties of officer making arrest
Explanation: Sets out mandatory procedures for a police officer during an arrest.
Duties:
(a) Identification: The officer must wear accurate, visible, and clear identification (name tag/badge) for easy recognition.
Example: The arresting officer must have their name clearly displayed on their uniform.
(b) Memorandum of Arrest: The officer must prepare a written record (“memorandum”) of the arrest which must be:
(i) Attested (signed as a witness) by at least one person, who should be a family member of the arrested person OR a respectable resident of the locality where the arrest occurs.
(ii) Countersigned (also signed) by the person being arrested.
Example: When arresting Ravi at his home, the officer prepares the memo, gets Ravi’s brother to sign as a witness, and asks Ravi to sign it too. If arrested on the street, the officer might ask a nearby shopkeeper to witness and sign.
(c) Informing Right to Notify Relative/Friend: The officer must inform the arrested person that they have the right to have a relative, friend, or any other person they name informed about their arrest. This must be done unless a family member has already attested the arrest memo (as per (b)(i)).
Example: If Ravi was arrested on the street and a shopkeeper witnessed the memo, the officer must tell Ravi, “You have the right to have someone informed of your arrest. Who would you like us to contact?”.
Section 37: Designated police officer
Explanation: Requires the State Government to establish systems for tracking and displaying information about arrests.
Requirements:
(a) Police Control Room: Establish a police control room in every district and at the State level.
Example: Each district headquarters and the state capital will have a central control room coordinating police activities, including tracking arrests.
(b) Designated Officer & Display of Information: Designate a police officer (at least Assistant Sub-Inspector rank) in every district and police station responsible for maintaining records of arrested persons (names, addresses, charges). This information must be prominently displayed (including digitally) at every police station and district headquarters.
Example: Each police station must have a designated officer maintaining an up-to-date list/database of people arrested by that station, and this list (perhaps on a notice board or a digital screen) should be accessible or visible to the public visiting the station or the district HQ.
Section 38: Right of arrested person to meet an advocate of his choice during interrogation
Explanation: When a person is arrested and being interrogated (questioned) by the police, they have the right to meet a lawyer (advocate) of their choice during the interrogation.
Limitation: This right does not mean the lawyer can be present throughout the entire interrogation process. The exact extent and timing of the meeting(s) might be subject to practical considerations, but the fundamental right to consult during the process exists.
Example: While Priya is being questioned by the police after her arrest, she can request to meet her lawyer. The police must allow this consultation, although they might not permit the lawyer to sit beside her for every single question asked during the entire duration of the interrogation.
Section 39: Arrest on refusal to give name and residence
Explanation: This section deals with a specific situation involving non-cognizable offences committed in the presence of a police officer.
Sub-section (1): Ground for Arrest
Explanation: If someone commits (or is accused of committing) a non-cognizable offence in front of a police officer, and they refuse to give their name and residence when asked, OR give information the officer reasonably believes is false, the officer can arrest them without a warrant. The sole purpose of this arrest is to ascertain their true name and residence.
Example: An officer sees Mohan causing a public nuisance (non-cognizable). The officer asks for his name and address. Mohan refuses. The officer can arrest Mohan temporarily solely to find out who he is and where he lives.
Sub-section (2): Release on Ascertainment
Explanation: Once the true name and residence are found out, the person must be released. They will be required to execute a bond (personal promise) or a bail bond (with surety) to appear before a Magistrate if needed.
Proviso: If the person is not a resident of India, the bail bond must be secured by surety/sureties who are residents of India.
Example: After arresting Mohan, the police verify his identity and address. They release him after he signs a bond promising to appear in the Magistrate’s court on a specified date if summoned. If Mohan were a foreign tourist, he’d need an Indian resident to stand surety for him.
Sub-section (3): Forwarding to Magistrate
Explanation: If the true name and residence cannot be ascertained within 24 hours of the arrest, OR if the person fails to execute the required bond/bail bond, or fails to furnish sufficient sureties if required, they must be immediately forwarded to the nearest Magistrate having jurisdiction.
Example: If Mohan continues to refuse his identity, or cannot find a surety (if required), after 24 hours, the police must take him to the Magistrate.
Section 40: Arrest by private person and procedure on such arrest
Sub-section (1): Citizen’s Arrest Power
Explanation: Any private citizen can arrest (or cause someone else to arrest) a person if:
The person commits a non-bailable AND cognizable offence in the citizen’s presence.
The person is a proclaimed offender.
Procedure: After making such an arrest, the private citizen must, without unnecessary delay (within 6 hours max), hand over the arrested person to a police officer, or take them to the nearest police station if no officer is available.
Example 1: Seema witnesses someone committing robbery (non-bailable and cognizable) in her presence. She and other bystanders manage to apprehend the robber. They must hand him over to the police as soon as possible, within 6 hours.
Example 2: Raj recognizes a person whose photo was published as a proclaimed offender for murder. Raj can apprehend the person and must immediately take them to the nearest police station.
Sub-section (2): Police Action on Handover
Explanation: If the police officer receiving the person has reason to believe the arrested person falls under the conditions of Section 35(1) (i.e., could have been arrested by police without a warrant), the officer shall formally take the person into custody (re-arrest).
Example: When Seema brings the apprehended robber to the police, the officer confirms the incident constitutes robbery. Since robbery is a cognizable offence for which police can arrest without a warrant (Sec 35(1)(c)), the officer formally takes the robber into police custody.
Sub-section (3): Procedure for Non-Cognizable Offence / No Offence
Explanation: If the police officer believes the person committed only a non-cognizable offence, they should follow the procedure under Section 39 (ask for name/address, arrest only if refused/false, release on bond). If the officer believes no offence has been committed, the person must be released immediately.
Example: Someone apprehends a person for shouting loudly (possibly public nuisance – non-cognizable) and brings them to the police. The officer will ask for their details and likely release them on a bond as per Sec 39. If the officer determines no actual offence occurred, they will release the person immediately.
Section 41: Arrest by Magistrate
Sub-section (1): Offence Committed in Magistrate’s Presence
Explanation: If any offence (cognizable or non-cognizable) is committed in the presence of a Magistrate (Executive or Judicial) within their local jurisdiction, the Magistrate can personally arrest the offender or order any other person to arrest them. After the arrest, the Magistrate can commit the offender to custody, following the rules regarding bail.
Example: A Judicial Magistrate witnesses an assault happening right outside their courtroom (within their local jurisdiction). The Magistrate can immediately arrest the person committing the assault or order a court staff member present to do so, and then decide whether to grant bail or keep the person in custody.
Sub-section (2): Arrest for Warrant-Eligible Person
Explanation: A Magistrate (Executive or Judicial) can, at any time, arrest (or direct the arrest of) any person in their presence within their local jurisdiction, if the Magistrate is competent to issue an arrest warrant for that person at that time and under those circumstances.
Example: A Magistrate knows that an arrest warrant has been issued (or could be issued based on information they possess) for Mr. Gupta for a non-bailable offence. If the Magistrate sees Mr. Gupta in a market within their jurisdiction, they can personally arrest him or order a nearby police officer to arrest him immediately, even without having the physical warrant papers at hand at that exact moment.
Section 42: Protection of members of Armed Forces from arrest
Sub-section (1): General Protection
Explanation: Despite the arrest powers granted to police (Sec 35) and Magistrates (Sec 39-41), no member of the Armed Forces of the Union (Army, Navy, Air Force) can be arrested for any act done (or claimed to be done) in the discharge of their official duties, except after getting consent from the Central Government.
Example: A soldier fires during a counter-insurgency operation, resulting in a civilian death. Local police cannot arrest the soldier for this act (done in the line of duty) without first obtaining permission from the Central Government (usually the Ministry of Defence).
Sub-section (2): Extension to State Forces
Explanation: The State Government can issue a notification to apply the same protection [from sub-section (1)] to specific classes or categories of state forces responsible for maintaining public order (like certain state police or paramilitary units). When such a notification is issued, the requirement becomes obtaining consent from the State Government instead of the Central Government for arresting members of those specified forces for acts done in their official duties.
Example: A State Government might issue a notification protecting members of its specialized anti-riot police unit. If a member of this unit uses force during a riot control operation (purportedly in discharge of duty), local police would need the State Government’s permission before making an arrest related to that act.
Section 43: Arrest how made
Sub-section (1): Method of Arrest
Explanation: To make an arrest, the police officer (or other person making the arrest) must actually touch or confine the body of the person being arrested. However, physical touch isn’t necessary if the person submits to custody through words (“Okay, I’ll come with you”) or actions (like putting their hands up or getting into the police vehicle).
Proviso (Arrest of Women): When arresting a woman:
Her submission to custody based on an oral statement of arrest is presumed, unless circumstances strongly suggest otherwise (e.g., she actively tries to flee).
Physical touch should be avoided unless circumstances absolutely require it (e.g., she resists violently) or unless the arresting officer is female.
Example: An officer tells Mr. X he is under arrest. Mr. X puts his hands behind his back. This is submission by action, and physical touch might not be needed initially. If Ms. Y is told she is under arrest and she agrees to accompany the officers, her verbal submission is presumed, and a male officer should avoid touching her.
Sub-section (2): Use of Force
Explanation: If the person forcibly resists the arrest attempt or tries to evade (escape) it, the officer or person making the arrest is permitted to use all necessary means to make the arrest happen. The force used should be proportionate to the resistance.
Example: If a suspect pushes the officer away and tries to run, the officer can use necessary physical force, like tackling them or using restraints, to stop them and complete the arrest.
Sub-section (3): Use of Handcuffs
Explanation: A police officer may use handcuffs while arresting or producing a person in court, considering the offence’s nature and gravity, specifically if the person is:
A habitual or repeat offender.
Has escaped from custody before.
Has committed serious offences like organized crime, terrorism, drug crimes, illegal arms possession, murder, rape, acid attack, counterfeiting, human trafficking, sexual offences against children, or offences against the State.
Example: Police arrest someone previously convicted multiple times for violent robbery. Given the person’s history as a repeat offender and the gravity, the officer may decide to use handcuffs during the arrest and transport to court. Handcuffing should not be routine for minor offences or cooperative individuals.
Sub-section (4): Limitation on Force (Causing Death)
Explanation: This section does not give the right to cause the death of a person while trying to arrest them, unless that person is accused of an offence punishable with death or life imprisonment. Lethal force is restricted to arresting those accused of the most serious crimes who pose an imminent threat.
Example: Police are trying to arrest someone for theft (not punishable by death/life imprisonment). Even if the person resists, the police cannot use lethal force (like shooting to kill) solely to make the arrest. However, if arresting someone for murder who is actively shooting at officers, lethal force might be justified under different legal principles (like self-defence or stopping an imminent threat).
Sub-section (5): Arrest of Women (Time Restriction)
Explanation: As a general rule, no woman should be arrested between sunset and sunrise.
Exception: Arrest during these hours is allowed only in exceptional circumstances. In such cases, a woman police officer must make a written report explaining the necessity and get prior permission from the Judicial Magistrate of the first class within whose jurisdiction the offence occurred or the arrest is to be made.
Example: Police locate a woman accused of a serious non-bailable offence late at night and have credible information she plans to flee the country before morning. A woman police officer would need to document these exceptional circumstances, get permission from the local Magistrate, and then make the arrest. Routine arrests of women should be planned during daytime hours.
Section 44: Search of place entered by person sought to be arrested
Sub-section (1): Duty to Allow Entry
Explanation: If a person authorized to arrest (acting under a warrant or a police officer with authority) believes the person they need to arrest has entered or is inside a particular place, anyone residing in or in charge of that place must, upon demand, allow the arresting person free entry and provide reasonable facilities for searching inside.
Example: Police have an arrest warrant for Mr. A and believe he is hiding in Mr. B’s house. They demand entry from Mr. B. Mr. B must let them in and allow them to search for Mr. A.
Sub-section (2): Forcible Entry
Explanation: If entry cannot be obtained peacefully as per sub-section (1), the person acting under a warrant, or a police officer (in a case where a warrant could be issued but getting one would allow the suspect to escape), can lawfully enter the place and search. To gain entry, they can break open any outer or inner door or window of any house/place (whether it belongs to the suspect or someone else).
Conditions for Forcible Entry: This can only be done after the officer/person has:
Notified their authority and purpose (e.g., “Police! We have a warrant for X! Open the door!”).
Demanded admittance.
Been refused or unable to obtain admittance otherwise.
Proviso (Female Occupant): If the place is an apartment occupied by a female who doesn’t appear in public due to custom (and she is not the person to be arrested), the officer must give her notice and a reasonable opportunity to withdraw before entering her apartment. After she withdraws (or has had reasonable time to), they can then break open and enter if necessary.
Example: Police arrive at Mr. B’s house for Mr. A. They announce their purpose and demand entry, but no one opens the door. They hear movement inside. They can then break open the door to enter and search. If they need to search a room occupied only by Mr. B’s wife (who observes purdah), they must announce their intention and allow her to leave the room before entering.
Sub-section (3): Breaking Open for Liberation
Explanation: Any police officer or other person authorized to arrest can also break open any outer or inner door or window to get out if they lawfully entered to make an arrest but are now being detained or trapped inside. This applies also to liberating any other person who lawfully entered for arrest and is detained.
Example: An officer enters a house to arrest a suspect, but accomplices lock the officer inside a room. The officer can break the door or window to free themselves.
Section 45: Pursuit of offenders into other jurisdictions
Explanation: A police officer who is authorized to arrest a person without a warrant can pursue that person into any place in India to make the arrest. Their authority to arrest is not limited by state or district boundaries during a pursuit.
Example: A police officer in Maharashtra starts chasing a suspect who crosses the border into Gujarat. The Maharashtra police officer can continue the pursuit into Gujarat and make the arrest there without needing immediate authorization from Gujarat police (though procedures for informing local police after the arrest would apply).
Section 46: No unnecessary restraint
Explanation: A person who has been arrested should not be subjected to more restraint than is absolutely necessary to prevent them from escaping. The level of restraint must be proportionate to the risk of escape and the nature of the situation.
Example: If an arrested person is cooperative and poses no flight risk or danger, keeping them heavily chained might be considered unnecessary restraint. However, using handcuffs on a resisting or potentially violent person would likely be considered necessary.
Section 47: Person arrested to be informed of grounds of arrest and of right to bail
Sub-section (1): Informing Grounds of Arrest
Explanation: Any police officer or other person arresting someone without a warrant must immediately inform the arrested person of the full details (‘particulars’) of the offence they are being arrested for, or any other reasons for the arrest. This is a fundamental right.
Example: When arresting Suresh without a warrant based on suspicion of theft, the officer must tell him, “You are under arrest on suspicion of committing theft at [location] on [date]”.
Sub-section (2): Informing Right to Bail (Bailable Offences)
Explanation: If a police officer arrests someone without a warrant for an offence that is not non-bailable (i.e., for a bailable offence), the officer must inform the arrested person that they are entitled to be released on bail and that they can arrange for sureties (people who can stand guarantee for their bail).
Example: Maya is arrested for simple assault (a bailable offence). The arresting officer must inform her, “This is a bailable offence. You have the right to be released on bail, and you can contact someone to arrange for sureties.”
Section 48: Obligation of person making arrest to inform about arrest, etc., to relative or friend
Sub-section (1): Duty to Inform Nominated Person
Explanation: Every police officer (or other person making an arrest under BNSS) must immediately give information about the arrest and the location where the arrested person is being held to:
Any relative, friend, or other person disclosed or nominated by the arrested person for this purpose.
The designated police officer in the district (as per Section 37).
Example: After arresting Kumar, the police ask him who he wants notified. Kumar provides his wife’s phone number. The police officer must promptly call Kumar’s wife, inform her of the arrest, and tell her Kumar is being held at the Andheri police station. They must also update the district’s designated officer/record system.
Sub-section (2): Informing Arrested Person of this Right
Explanation: The police officer must inform the arrested person of their right (under sub-section 1) to have someone notified, as soon as they are brought to the police station.
Example: Upon arrival at the station, the officer tells Kumar, “You have the right to have a relative or friend informed about your arrest and where you are being held.”
Sub-section (3): Record Keeping
Explanation: An entry must be made in a register kept at the police station (in a form prescribed by State Government rules) stating who was informed about the arrest.
Example: The officer makes an entry in the station diary or a specific arrest register: “Informed Mrs. Kumar (wife), phone number [xxxx], at [time/date] regarding arrest of Kumar.”
Sub-section (4): Magistrate’s Duty to Verify
Explanation: When the arrested person is produced before a Magistrate, the Magistrate has a duty to check and satisfy themselves that the police have complied with the requirements of informing the arrested person of their right (sub-section 2) and making the record of who was notified (sub-section 3).
Example: When Kumar is produced in court, the Magistrate asks the police, “Was the accused informed of his right to notify someone? Who was notified?”. The Magistrate reviews the police records to confirm compliance.
Section 49: Search of arrested person
Sub-section (1): When Search is Permitted
Explanation: A search of the arrested person’s body can be conducted by the arresting officer (or the police officer to whom a private person hands over the arrestee) in specific situations:
(i) Arrested under a warrant that doesn’t allow bail, OR under a warrant that allows bail, but the person cannot furnish the required bail.
(ii) Arrested without a warrant, OR by a private person under a warrant, AND the person cannot legally be admitted to bail (e.g., non-bailable offence) OR is unable to furnish bail.
Procedure: The officer may search the person and take into safe custody all articles found on them, except for necessary wearing apparel (basic clothing).
Receipt: If any article is seized, a receipt listing the seized items must be given to the arrested person.
Example: Police arrest Rita without a warrant for a non-bailable offence. At the station, before putting her in lock-up, an officer searches her. They find cash, a mobile phone, and some jewellery. They seize these items (leaving her necessary clothes), list them on a receipt, and give Rita a copy. The items are kept in safe custody.
Sub-section (2): Search of Females
Explanation: Whenever it’s necessary to search a female, the search must be conducted by another female, and it must be done with strict regard to decency.
Example: When Rita is arrested, the search must be performed by a female police officer in a private setting, respecting her dignity.
Section 50: Power to seize offensive weapons
Explanation: The police officer (or other person making an arrest under BNSS) has the authority to immediately take away any offensive weapons found on the arrested person’s body at the time of arrest.
Procedure: All weapons seized must be delivered to the Court or officer before whom the arrested person is required to be produced.
Example: During an arrest, the officer finds a knife in the suspect’s pocket. The officer seizes the knife immediately and later submits it to the Magistrate when the suspect is produced in court, as potential evidence or simply to ensure safety.
Section 51: Examination of accused by medical practitioner at request of police officer
Sub-section (1): When Examination is Allowed
Explanation: If a person is arrested for an offence where it’s reasonably believed that a medical examination of their body might provide evidence about the crime’s commission, a police officer can request a registered medical practitioner to conduct such an examination. The practitioner (and anyone assisting them in good faith) can perform a reasonably necessary examination and use reasonably necessary force to do so.
Example: A person is arrested after a violent fight. Police suspect they might have injuries sustained during the fight, or biological material (like blood or skin) from the victim under their fingernails. Police can request a doctor to examine the arrested person for such evidence. If the person resists, reasonable force (like holding their arm still) can be used for the examination.
Sub-section (2): Examination of Females
Explanation: If the person to be examined is female, the examination must be done only by, or under the direct supervision of, a female registered medical practitioner.
Example: If a woman is arrested on suspicion of infanticide and a medical exam is needed, it must be performed by a female doctor, or by another medical professional strictly under a female doctor’s supervision.
Sub-section (3): Reporting
Explanation: The registered medical practitioner must forward their examination report to the investigating police officer without delay.
Example: After examining the arrested person from the fight, the doctor prepares a report detailing any injuries found, samples collected, etc., and promptly sends it to the police officer handling the case.
Explanation Clause: Defines terms for Sections 51, 52, and 53.
(a) “examination”: Includes examining blood, blood stains, semen, swabs (for sexual offences), sputum, sweat, hair samples, fingernail clippings using modern scientific techniques like DNA profiling, and any other tests the doctor deems necessary.
(b) “registered medical practitioner”: A doctor with recognized medical qualifications under the National Medical Commission Act, 2019, whose name is listed in the National or a State Medical Register.
Section 52: Examination of person accused of rape by medical practitioner
Sub-section (1): Specific Condition for Examination
Explanation: When a person is arrested for committing rape or attempting rape, and there are reasonable grounds to believe a medical examination might yield evidence, a specific procedure applies. The examination should ideally be done by a registered medical practitioner working in a government or local authority hospital. If no such doctor is available within a 16 km radius of the crime scene, any other registered medical practitioner can do it. This examination happens at the request of a police officer, and reasonable force can be used if necessary.
Example: A man is arrested based on an accusation of rape. The police believe examining him might reveal scratches, injuries, or provide biological samples (like DNA). They take him to the nearest government hospital. If that hospital’s doctor isn’t available, and no other government/local authority doctor is within 16 km, they can go to a private registered doctor.
Sub-section (2): Contents of the Report
Explanation: The doctor conducting the exam must, without delay, examine the person and prepare a detailed report including:
(i) Name and address of the accused and the person who brought them.
(ii) Age of the accused.
(iii) Any marks of injury on the accused.
(iv) Description of material taken for DNA profiling (e.g., blood sample, swabs).
(v) Other relevant details.
Example: The doctor’s report for the accused in the rape case would note his name, age, any visible scratches on his arms, mention that blood and fingernail scrapings were collected for DNA, etc.
Sub-section (3): Reasons for Conclusions
Explanation: The report must clearly state the reasons behind each conclusion the doctor reaches.
Example: If the doctor concludes certain scratches could be defence wounds, the report should explain why they appear consistent with that interpretation.
Sub-section (4): Time Documentation
Explanation: The exact start and end times of the examination must be noted in the report.
Example: The report states: “Examination started at 14:30 hrs, completed at 15:15 hrs on [Date]”.
Sub-section (5): Report Forwarding
Explanation: The doctor must, without delay, send the report to the investigating officer. The investigating officer then forwards it to the Magistrate (under Section 193) as part of the case documents.
Example: The doctor gives the completed report to the police inspector, who later includes it in the final police report (charge sheet) submitted to the court.
Section 53: Examination of arrested person by medical officer (General Post-Arrest Check-up)
Sub-section (1): Mandatory Examination
Explanation: Every person arrested must be examined by a medical officer from Central/State Government service soon after the arrest. If a government medical officer isn’t available, a registered medical practitioner must conduct the examination.
First Proviso: If the examining doctor thinks another examination is needed, they can conduct it.
Second Proviso: If the arrested person is female, the examination must be done only by or under the supervision of a female medical officer (or female registered medical practitioner if the former isn’t available).
Example: Everyone arrested, regardless of the offence, should get a medical check-up shortly after arrest to document their health condition and any existing injuries. If Priya is arrested, a female doctor must examine her.
Sub-section (2): Record of Examination
Explanation: The examining medical officer/practitioner must prepare a record of the examination, specifically mentioning any injuries or signs of violence found on the arrested person and estimating when they might have occurred.
Example: The doctor examining a newly arrested person notes a bruise on their arm and writes in the report, “Bruise observed on left forearm, approx. 2 cm diameter, appears recent (likely within last 12-24 hours).” This helps establish the person’s condition upon entering custody.
Sub-section (3): Copy to Arrested Person
Explanation: A copy of the examination report must be given by the doctor to the arrested person or to a person nominated by them. (Note: The text repeats ‘not available, by a registered medical practitioner soon after the arrest is made:’ – this seems like a typo in the Act, the intent is likely just ‘person nominated by such arrested person’.)
Example: After the examination, the doctor gives one copy of the report to the police and another copy directly to the arrested person (or someone they designate).
Section 54: Identification of person arrested
Explanation: When a person is arrested, and it’s considered necessary for the investigation to have them identified by witnesses, the court with jurisdiction can, upon request from the officer in charge of the police station, order the arrested person to participate in an identification process (like a Test Identification Parade – TIP). The court decides the manner of identification.
Proviso (Disabled Identifying Person): If the person doing the identifying (the witness) is mentally or physically disabled:
The identification process must happen under the supervision of a Magistrate.
The Magistrate must ensure appropriate methods comfortable for the witness are used.
The entire identification process must be recorded using audio-video electronic means.
Example: A shopkeeper witnessed a robbery but only got a brief look at the culprit. Police arrest a suspect matching the description. The police request the court to conduct a TIP. The court orders the suspect to stand in a line-up with others of similar appearance, and the shopkeeper is asked if they can identify the robber. If the shopkeeper is visually impaired, the TIP would be supervised by a Magistrate, perhaps using methods other than visual line-up if appropriate, and the process would be video recorded.
Section 55: Procedure when police officer deputes subordinate to arrest without warrant
Sub-section (1): Written Order Required
Explanation: When an officer in charge of a station or an investigating officer needs a subordinate officer to make an arrest without a warrant (and the arrest isn’t happening in the senior officer’s presence), the senior officer must give the subordinate a written order. This order must specify who is to be arrested and the offence or reason for the arrest.
Duty of Subordinate: Before making the arrest, the subordinate officer must inform the person being arrested about the substance of the written order and must show the order if requested.
Example: Inspector Verma needs Constable Singh to arrest Mr. Sharma (for whom grounds under Sec 35 exist) at his residence while Verma is busy elsewhere. Verma gives Singh a written order detailing Sharma’s name, address, the offence, and directing Singh to arrest him. When Singh reaches Sharma’s house, he must tell Sharma, “I have a written order from Inspector Verma to arrest you for [offence],” and show the order if Sharma asks.
Sub-section (2): Clarification
Explanation: This requirement for a written order for deputation does not affect the general power of any police officer (including the subordinate) to make an arrest directly under Section 35 if the grounds exist independently (e.g., if the subordinate themself witnesses a cognizable offence).
Example: Even if Constable Singh has the written order for Sharma, if on the way he sees someone else committing a robbery, he can arrest that robber immediately under his own authority (Sec 35(1)(a)), without needing a separate written order for that specific arrest.
Section 56: Health and safety of arrested person
Explanation: It is the legal duty of the person who has custody of an accused (e.g., the police officer, jail staff) to take reasonable care of the accused person’s health and safety.
Example: If an arrested person falls ill while in the police lock-up, the officers in charge have a duty to ensure they receive necessary medical attention. They must also take reasonable steps to prevent self-harm or injury from others in custody.
Section 57: Person arrested to be taken before Magistrate or officer in charge of police station
Explanation: A police officer who makes an arrest without a warrant must, without unnecessary delay, take or send the arrested person before either:
A Magistrate who has jurisdiction over the case, OR
The officer in charge of the police station.
Constraint: This is subject to the provisions regarding bail (i.e., if the person can be released on bail from the station itself as per law, they might not be immediately taken to the Magistrate).
Timeframe: “Without unnecessary delay” generally implies as soon as practicable, and is linked to the 24-hour limit mentioned implicitly in Sec 58 and detailed in Sec 187.
Example: After arresting someone for theft, the police officer should take them to the police station promptly. If bail cannot be granted at the station (e.g., non-bailable offence or inability to furnish bail), they must be produced before the jurisdictional Magistrate without undue delay.
Section 58: Person arrested not to be detained more than twenty-four hours
Explanation:(Note: The text provided for Sec 58 in the BNSS PDF seems to only contain the heading/title, not the full operative text corresponding to the old CrPC Sec 57. The principle, however, remains fundamental and is reinforced by Sec 57 and Sec 187 of BNSS). The underlying principle (originating from Article 22(2) of the Constitution and detailed in Sec 187 BNSS) is that police cannot detain an arrested person in their custody for more than 24 hours without producing them before a Magistrate. This 24-hour period excludes the time reasonably necessary for the journey from the place of arrest to the Magistrate’s court. Any detention beyond 24 hours requires authorization from a Magistrate (remand under Sec 187).
Example: If someone is arrested at 10 AM on Monday in a location 2 hours away from the nearest Magistrate, the police must produce them before the Magistrate by 12 PM on Tuesday (24 hours detention + 2 hours travel time). They cannot hold the person in police custody until Wednesday without the Magistrate’s permission.
Section 59: Police to report apprehensions
Explanation: Officers in charge of police stations are required to report all cases of persons arrested without a warrant within their station limits to the District Magistrate (DM). If the DM directs, these reports should instead be sent to the Sub-divisional Magistrate (SDM). The report must indicate whether the arrested persons have been released on bail or remain in custody.
Example: The SHO of XYZ police station compiles a daily or periodic report listing all individuals arrested without warrants in their jurisdiction, noting who was released on bail from the station and who was forwarded to court/remains in custody. This report is sent to the DM (or SDM if directed). This ensures administrative oversight by the executive magistracy.
Section 60: Discharge of person apprehended
Explanation: No person who has been arrested by a police officer can be discharged (released) from police custody except in one of the following ways:
On their own bond (personal promise to appear).
On a bail bond (promise with surety/sureties).
Under a special order from a Magistrate.
Example: If police arrest someone but later determine there isn’t enough evidence to proceed immediately (as per Sec 189), they can release the person but only after taking a bond for future appearance if required. They cannot simply let the person walk away without any legal formality or a Magistrate’s order. If the arrest was unlawful, a Magistrate might order the discharge.
Section 61: Power, on escape, to pursue and retake
Sub-section (1): Pursuit After Escape
Explanation: If a person who is lawfully in custody escapes, or is rescued (forcibly freed) by someone else, the person from whose custody they escaped (e.g., police officer, jail warden, private citizen making a lawful arrest) can immediately chase and re-arrest that person anywhere in India.
Example: A prisoner being transported by police manages to break free and run. The transporting officers can pursue and re-arrest the prisoner even if they cross into another state during the chase.
Sub-section (2): Application of Search Provisions
Explanation: The rules about searching a place entered by a person sought to be arrested (Section 44, including breaking open doors/windows if necessary after warning) also apply when pursuing and re-arresting an escapee under this section. This applies even if the person making the arrest is not acting under a warrant and is not a police officer (e.g., a private citizen whose lawful arrestee escaped).
Example: The escaped prisoner runs into a house. The pursuing officer (or private person if the initial arrest was lawful) can demand entry, and if refused, can forcibly enter the house (following the rules in Sec 44) to search for and re-arrest the escapee.
Section 62: Arrest to be made strictly according to Sanhita
Explanation: This is a fundamental safeguard. It states that no arrest can be made except according to the procedures and grounds laid out in this Sanhita (BNSS) or any other law currently in force that specifically provides for arrest. Arrests cannot be made arbitrarily.
Example: A police officer cannot arrest someone simply because they dislike them or based on a vague suspicion unsupported by the grounds mentioned in Section 35 or other legal provisions. The arrest must follow the legal rules and justification.
