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Types of arrest under BNSS (Bharatiya Nagarik Suraksha Sanhita)

Updated: Jun 2

Introduction:


Arrest involves the apprehension of individuals suspected of committing a crime or offense. It is a temporary deprivation of freedom, for effective interrogation and investigation in the case.  In this article, we will examine the policy, procedure, forms and framework of arrest in general under Bharatiya Nagarik Suraksha Sanhita (BNSS)


Significance and policy of the arrest:


By restricting an individual's movement, arrest instills a sense of accountability and deters the potential offenders. It also helps in aiding the investigation process as when the accused is under arrest, the chances of absconding after committing the crime offender are nil.


Types of arrest under Bharatiya Nagarik Suraksha Sanhita (BNSS):

1. Arrest with a Warrant:


   - Issued by a magistrate or judge, a warrant is necessary for non-cognizable offenses.


   - Section 35(2) BNSS says that: Subject to the provisions of section 39 of BNSS, no person concerned in a non-cognizable offence oragainst 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.


2. Arrest without a Warrant:


   - Police can arrest without a warrant in cases of cognizable offenses based on reasonable complaints or credible information. Section 35(1) BNSS details about the same.


   - Section 39 of BNSS details the arrest procedure when a person refuses to provide their name or address.


3. Arrest by a Private Person:


Section 40 of BNSS empowers private individuals to make arrests under specific conditions. If a non-bailable and cognizable offense occurs in their presence, or if a person is identified as a proclaimed offender, a private person can effect an arrest. However, this authority comes with a responsibility to promptly transfer the arrested person to a police officer within six hours.


4. Arrest by a Magistrate:


Magistrates, both executive and judicial, has the power to arrest individuals within their jurisdiction as per Section 41 of BNSS. This provision serves to uphold the rule of law, allowing magistrates to intervene directly in situations where offences are committed in their presence.


Watch JudiX’s 1 minute video lecture on Arrest and Anticipatory bail under BNSS

Frequently Asked Questions (FAQs) on Types of Arrest under Bharatiya Nagarik Suraksha Sanhita (BNSS):


Q1: What are the types of arrest recognized under BNSS?


A1: BNSS recognizes various types of arrest, including those with a warrant, without a warrant, by private individuals, and by magistrates.


Q2: When is a warrant required for an arrest under BNSS?


A2: A warrant is required for non-cognizable offenses, as specified in Section 35(2) of BNSS. It is issued by a magistrate or judge.


Q3: Can the police make arrests without a warrant under BNSS?


A3: Yes, police can arrest without a warrant in cases of cognizable offenses based on reasonable complaints or credible information, as detailed in Section 35(1) of BNSS.


Q4: Under what circumstances can a private person make an arrest under BNSS?


A4: A private person can make an arrest under Section 40 of BNSS if a non-bailable and cognizable offense occurs in their presence or if a person is identified as a proclaimed offender.


Q5: What responsibilities come with the authority for a private individual to make an arrest?


A5: Private individuals making an arrest must promptly transfer the arrested person to a police officer within six hours, as outlined in Section 40 of BNSS.


Q6: What powers do magistrates have regarding arrests under BNSS?


A6: Magistrates, both executive and judicial, have the power to arrest individuals within their jurisdiction as per Section 41 of BNSS, allowing direct intervention in situations where offenses are committed in their presence.


Types of arrest under BNSS (Bharatiya Nagarik Suraksha Sanhita)

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