Code: Section 35 BNSS
35.
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(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
(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
(d) who has been proclaimed as an offender either under this Sanhita or by
order of the State Government; or
(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
(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
(g) who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union; or
(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
(i) who, being a released convict, commits a breach of any rule made under
sub-section (5) of section 394; or
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Explanation of Section 35 BNSS
Section 35 of the BNSS provides the circumstances under which a police officer may arrest a person without a warrant or order from a Magistrate. This includes situations where:
- A cognizable offence is committed in the presence of the police officer.
- Reasonable complaints or credible information is received regarding the commission of a cognizable offence, punishable with imprisonment for a term that may be less than or extend to seven years.
- The police officer has reasonable belief that arrest is necessary to prevent further offences, to ensure proper investigation, to safeguard evidence, or to ensure the person’s appearance in court.
The section further clarifies the conditions under which arrests are to be made, including cases of non-compliance with a notice issued to the individual.
Illustration
Example 1: Arrest in Presence of Police Officer
A person is caught committing theft in the presence of a police officer. Since theft is a cognizable offence, the officer may arrest the person without a warrant under Section 35(1)(a).
Example 2: Arrest Based on Reasonable Suspicion
A police officer receives credible information about an individual involved in a robbery that is punishable by a term extending to seven years. The officer, after assessing the situation, may arrest the individual without a warrant, as specified in Section 35(1)(b).
Common Questions and Answers on Section 35 BNSS
1. Can a police officer arrest someone without a warrant for a minor offence?
- Answer: Yes, under Section 35, a police officer can arrest someone without a warrant if the offence is cognizable and committed in their presence, or if credible information is received regarding the offence.
2. What is required for a police officer to make an arrest based on information or suspicion?
- Answer: The police officer must have a reasonable belief, based on information or suspicion, that the person has committed a cognizable offence, and arrest must be necessary to prevent further crime or ensure proper investigation.
3. Is a person required to be arrested for a non-cognizable offence?
- Answer: No, for non-cognizable offences, the person can only be arrested under a warrant or order from a Magistrate, as per Section 35(2).
Conclusion
Section 35 of the BNSS empowers police officers with the discretion to arrest individuals without a warrant in cases involving cognizable offences. It establishes clear guidelines regarding when arrest is necessary, such as when a person poses a threat to further investigations or is likely to tamper with evidence. The section ensures that arrests are made in a lawful and justified manner while balancing individual rights with the needs of law enforcement.
