Section 62 BNSS: Lawful Arrest Procedures
Code: Section 62 BNSS
No arrest shall be made except in accordance with the provisions of this Sanhita
or any other law for the time being in force providing for arrest.
Explanation of Section 62 BNSS
Key Provisions
- Arrests must follow the rules outlined in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- No one can be arrested arbitrarily or without legal authority.
- Reference to Other Laws
- Arrests may also be made under special laws, such as:
- The Code of Criminal Procedure (CrPC) (if applicable)
- Preventive Detention Acts
- Anti-terrorism laws (e.g., UAPA, NSA)
- State-specific laws on arrests
- Protection Against Unlawful Arrests
- This provision ensures that arrests are not made on personal bias, political influence, or without due process.
Illustration of Section 62 BNSS
Example 1: Arrest Under BNSS
Case: A person is caught committing theft.
✅ The police arrest him under the BNSS provisions related to theft.
Example 2: Arrest Under Another Law
Case: A suspect is detained under the National Security Act (NSA) for endangering national security.
✅ The arrest is lawful, as NSA is a valid law under which arrests can be made.
Example 3: Unlawful Arrest
Case: A police officer arrests Mr. A without a warrant or legal justification.
❌ This is illegal under Section 62 BNSS, and Mr. A can challenge the arrest in Court.
Common Questions and Answers on Section 62 BNSS
1. Can the police arrest anyone without following BNSS or other laws?
❌ No, an arrest must be lawful and follow BNSS or other valid laws.
2. Can an arrest be challenged if made without following legal provisions?
✅ Yes, an individual can approach the Court to challenge an unlawful arrest.
3. Does Section 62 BNSS cover all types of arrests?
✅ Yes, it applies to arrests under BNSS and other applicable laws.
4. What happens if an arrest is made in violation of Section 62 BNSS?
✅ The arrested person may seek legal remedy and file for wrongful arrest.
5. Are preventive detentions covered under Section 62 BNSS?
✅ Yes, as long as the arrest follows a valid preventive detention law.
Conclusion
Section 62 BNSS safeguards personal liberty by:
✅ Preventing arbitrary arrests.
✅ Ensuring arrests follow BNSS or valid laws.
✅ Providing legal recourse against unlawful detentions.
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