BNSS Chapter 5

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.