Bharatiya Nagarik Suraksha Sanhita Chapter 5: Arrest of Persons
Chapter 5 of the BNSS (Bharatiya Nagarik Suraksha Sanhita) lays out how arrests should be carried out in India. It’s designed to balance strong law enforcement with basic human rights. Below is a clear, section-by-section look at what the law says and how it plays out in real life.
Section 35 – When Police Can Arrest Without a Warrant
Police don’t always need a warrant to make an arrest. They can act on the spot when:
A serious crime like murder or theft is involved
They have solid reason to believe someone committed a crime
They need to prevent a crime or stop someone from running away
But this power isn’t unlimited. Officers must explain why they’re arresting someone and be able to justify it later.
Section 36 – How Police Should Carry Out an Arrest
Here’s what officers must do during an arrest:
Identify themselves clearly
Tell the person exactly why they’re being arrested
Use only as much force as absolutely necessary
They also have two main responsibilities:
Keep accurate records of the arrest
Treat the person with dignity and communicate each step clearly
Section 37 – Who Can Arrest
Only designated officers—usually Sub-Inspectors or above—can carry out arrests. This keeps the process professional and accountable.
Section 38 – Right to a Lawyer During Questioning
If someone is being questioned in custody, they have the right to:
Meet and talk to their lawyer
Have those conversations kept private
This helps prevent forced confessions and protects the person’s rights.
Section 39 – Refusing to Share Name or Address
If someone won’t give their name or address when asked legally, the police can:
Warn them and give them another chance
Arrest them if they still refuse, especially if it’s hindering an investigation
Section 40 – When a Civilian Can Make an Arrest
Private citizens can arrest someone—but only in serious cases and under strict conditions. They must:
Hand the person over to police right away
Avoid using force
Give full details of what happened
This helps involve the public while preventing vigilante behavior.
Section 41 – Magistrate's Power to Order Arrests
Magistrates can order arrests in cases where police discretion isn’t enough—especially for non-cognizable offences. This brings a legal check into the process.
Section 42 – Armed Forces Protection
Soldiers acting in line with their duties can’t be arrested the usual way. If there’s an issue, military law handles it. This keeps civil and military systems separate.
Section 43 – How an Arrest Should Be Made
Police must:
Clearly say, “You are under arrest”
Avoid unnecessary force
Remove restraints when they’re no longer needed
Everything should line up with the reason given for the arrest.
Section 44 – Entering a Place to Make an Arrest
If someone runs or hides:
Officers must show ID
Use a warrant if needed
Can force entry—but only if it’s absolutely necessary and legal
Section 45 – Chasing a Suspect Across Jurisdictions
If a suspect flees, police can keep chasing them—even into another area or state. But they must inform the local authorities as soon as they enter another state.
Section 46 – No Unnecessary Restraint
Officers can’t chain or abuse someone during arrest. Any restraint must be reasonable and based on the actual risk posed.
Section 47 – Explaining the Arrest and Bail Rights
No one should be arrested without knowing why. And if it’s a bailable offence, they must be told that bail is an option. It’s all about fairness and transparency.
Section 48 – Informing Family or Friends
Police must quickly contact someone the arrested person chooses—if not, a relative or friend. This helps prevent incommunicado detention and gives support to the person in custody.
Section 49 – Searching the Arrested Person
Police can only search clothes or items the person is carrying, looking for weapons or illegal stuff. It has to be done respectfully and professionally.
Section 50 – Taking Away Dangerous Items
If the person has something that could hurt someone—like a weapon—officers can take it. Every item taken must be logged with details.
Section 51 – Medical Checks for Safety
If the person has injuries or if there’s concern for their well-being, a doctor must examine them. A medical certificate must be issued with findings and treatment details.
Section 52 – Medical Exams in Rape Cases
For victims of rape:
Exams should be done by a female doctor if requested
Procedures must protect evidence but also respect the victim’s dignity and privacy
Section 53 – Medical Rights for the Accused
Even if no injuries are visible, an arrested person can ask for a medical check-up. Doctors or nurses must document their condition and any complaints.
Section 54 – Confirming Identity After Arrest
To verify who someone is, police can do:
Line-ups with other people
Fingerprints, photos, or voice samples
Everything must be fair and by the book.
Section 55 – Senior Officer Can Delegate Arrest Duty
Higher-ranking officers can assign arrests to junior officers, but:
It must be in writing
All the proper arrest rules still apply
Section 56 – Health & Safety of Detainees
Police must provide:
Clean bedding and clothes
Toilets and showers
Keep them separate from violent detainees
Section 57 – Appear Before Magistrate in 24 Hours
Within 24 hours of arrest, the person must be taken to a magistrate or formally returned to police custody. This ensures legal oversight.
Section 58 – No Holding Beyond a Day Without Permission
Unless bail is granted or a magistrate allows more time, keeping someone in custody for over 24 hours is illegal.
Section 59 – Every Arrest Must Be Reported
All arrests must be logged properly—in station diaries, memos, and reports. This ensures transparency and proper documentation.
Section 60 – Letting People Go If There’s No Case
If there’s no real evidence after checking things out, police can and should release the person. It helps prevent needless time behind bars.
Section 61 – What Happens If Someone Escapes
If someone escapes custody, police can go after them right away—no need for new warrants or formalities.
Section 62 – Every Step Must Follow BNSS Rules
From the first moment of arrest to all the paperwork after—it all has to follow the rules in BNSS. This keeps the system legal, fair, and accountable.
Why Chapter 5 Matters
This chapter doesn’t just set out procedures—it protects people’s rights and ensures that police powers are used the right way.
It clearly lays out who can arrest and how
Protects detainees with legal rights, medical care, and lawyer access
Prevents abuse and illegal detention
Holds police accountable through documentation and oversight
In the Real World
These rules aren’t just on paper. They’re built into police training manuals, daily procedures, and legal checks like remand hearings. Sections related to medical checks, legal counsel, and safety are especially critical in sensitive cases like rape investigations. For the latest legal updates and news, visit LatestLaws.
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