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Reading: Section 36 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure Of Arrest And Duties Of Officer Making Arrest.
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ApniLaw > Blog > Bare Act > BNSS > Section 36 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure Of Arrest And Duties Of Officer Making Arrest.
BNSS

Section 36 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure Of Arrest And Duties Of Officer Making Arrest.

Apni Law
Last updated: March 11, 2025 12:56 am
Apni Law
1 year ago
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Section 36 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Procedure Of Arrest And Duties Of Officer Making Arrest
Section 36 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Procedure Of Arrest And Duties Of Officer Making Arrest
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Code

Every police officer while making an arrest shall—

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

(b) prepare a memorandum of arrest which shall be—

(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;

(ii) countersigned by the person arrested; and

(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.

Explanation

This section outlines the procedures that a police officer must follow while making an arrest. It ensures transparency and accountability in the arrest process by requiring the officer to clearly identify themselves, document the arrest, and inform the arrested person of their rights.

Illustration

Let’s imagine a scenario where a police officer arrests a person named Mr. X. The officer must:

  • Show Mr. X a clear identification card displaying their name.
  • Create a memorandum of arrest, which must be signed by Mr. X. The officer should find a witness (a family member of Mr. X or a respectable person from the area) to attest to the arrest.
  • Inform Mr. X of his right to have someone he knows informed about his arrest, if the memorandum is not attested by a family member.

Common Questions and Answers: on Procedure Of Arrest And Duties Of Officer Making Arrest

Q: What happens if the police officer fails to follow these procedures?

A: Failure to comply with these provisions could be considered a violation of the law and may have legal consequences for the officer.

Q: Can the person being arrested refuse to sign the memorandum?

A: A person may get arrested for not obligated to sign the memorandum. Thus, their refusal should be documented by the police officer.

Q: What if the person being arrested doesn’t know anyone in the locality?

A: In such cases, the police officer is still required to find a respectable witness to attest to the arrest. They could reach out to a local community leader, a shop owner, or someone else known in the area.

Contents
CodeExplanationIllustrationCommon Questions and Answers: on Procedure Of Arrest And Duties Of Officer Making ArrestQ: What happens if the police officer fails to follow these procedures?Q: Can the person being arrested refuse to sign the memorandum?Q: What if the person being arrested doesn’t know anyone in the locality?

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TAGGED:Arrest DocumentationArrest MemorandumArrest NotificationArrest RightsCountersignatureFamily Member WitnessIdentification of OfficerLaw EnforcementPolice Arrest ProceduresRespectable Member of LocalityRight to Inform RelativeVisible IdentificationWitness Attestation
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Previous Article Section 30 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Powers Of Superior Officers Of Police Section 30 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Powers Of Superior Officers Of Police
Next Article CrPC Section 451: Custody and Disposal of Property Pending Trial
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