BNSS Sec 43: Arrest how made- In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person to be arrested, unless there be a submission
to the custody by word or action:
Provided that where a woman is to be arrested, unless the circumstances indicate
to the contrary, her submission to custody on an oral intimation of arrest shall be
presumed and, unless the circumstances otherwise require or unless the police officer
is a female, the police officer shall not touch the person of the woman for making her
arrest.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade
the arrest, such police officer or other person may use all means necessary to effect the
arrest.
(3) The police officer may, keeping in view the nature and gravity of the offence,
use handcuff while making the arrest of a person or while producing such person
before the court who is a habitual or repeat offender, or who escaped from custody, or
who has committed offence of organised crime, terrorist act, drug related crime, or
illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of
coins and currency-notes, human trafficking, sexual offence against children, or offence
against the State.
(4) Nothing in this section gives a right to cause the death of a person who is not
accused of an offence punishable with death or with imprisonment for life.
(5) Save in exceptional circumstances, no woman shall be arrested after sunset and
before sunrise, and where such exceptional circumstances exist, the woman police officer
shall, by making a written report, obtain the prior permission of the Magistrate of the
first class within whose local jurisdiction the offence is committed or the arrest is to be
made.
Sec 46: Arrest how made - (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action;
Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.
(2) If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is accused of an offence punishable with death or with imprisonment for life.
(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
Comment
This section describes the mode in which arrests are to be made. The word "arrest" when used in its ordinary and natural sense means the apprehension or restraint or the deprivation of one's personal liberty to go where he pleases. When used in the legal sense in the procedure connected with criminal offences, an arrest consists of taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge and preventing the commission of a criminal offence. The words "custody" and "arrest" are not synonyms. It is true that in every arrest, there is custody but vice versa is not true. Mere utterance of words or gesture or flickering of eyes does not amount to arrest. Actual seizure or touch of a person's body with a view to arresting is necessary. If the method of arrest is not performed as prescribed section 46, the arrest would be nugatory. The word "arrest" as used in section 46 means a formal arrest whereas under section 27 of the Evidence Act, this word would mean a person in custody for the purposes of disclosure statements.
Other person - In a case under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the accused was arrested by an Intelligence Officer of the Narcotic Bureau, it was held that arrest could be made by a person other than a police officer also.
"No right to cause death [clause 3] - Where fire was opened to disperse an unlawful assembly and death of an innocent person was caused, section 46 could not be invoked for the protection of the police officers.
When an arrest is made under a warrant, the police officer must notify the substance thereof to the person to be arrested, or if so required, must show him the warrant (Section 75), else the arrest is not legal.
When a person not in custody approaches a police officer investigating an officer and offers to give information leading to discovery of fact having a bearing on the charge which may be made against him, he may appropriately be deemed to have submitted to the custody within the meaning of this section. A Court would not issue a general mandamus asking the police to enter a place of worship whenever a criminal is suspected to have taken shelter in such a place regardless of the overall situation of law and order. Section 47 is an enabling provision and is required by the police to be used with regard to exigencies of a situation. It is not bound to use it.
BNSS Sec 44: Search of place entered by person sought to be arrested: . (1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested has entered into, or
is within, any place, any person residing in, or being in charge of, such place shall, on
demand of such person acting as aforesaid or such police officer, allow him free ingress
thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful
in any case for a person acting under a warrant and in any case in which a warrant may
issue, but cannot be obtained without affording the person to be arrested an opportunity of
escape, for a police officer to enter such place and search therein, and in order to effect an
entrance into such place, to break open any outer or inner door or window of any house or
place, whether that of the person to be arrested or of any other person, if after notification
of his authority and purpose, and demand of admittance duly made, he cannot otherwise
obtain admittance:
Provided that if any such place is an apartment in the actual occupancy of a female
(not being the person to be arrested) who, according to custom, does not appear in public,
such person or police officer shall, before entering such apartment, give notice to such
female that she is at liberty to withdraw and shall afford her every reasonable facility for
withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open
any outer or inner door or window of any house or place in order to liberate himself or any
other person who, having lawfully entered for the purpose of making an arrest, is detained
therein.
Section 47: Search of place entered by person sought to be arrested - (1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
Comment It is impossible and undesirable for any Court to issue a general mandamus to the effect that whenever a criminal is suspected to have taken shelter in a place of worship, the police must enter that place regardless of the overall situation of law and order.BNSS Sec 45: Pursuit of offenders into other jurisdictions: A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.Section 48: Pursuit of offenders into other jurisdictions - A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. CommentOrdinarily a police officer is not at liberty to go outside India and to arrest there an offender without a warrant. If he is pursuing an offender whom he can arrest without a warrant. If he is pursuing an offender whom he can arrest without warrant, and such offender escapes into any place in India, he can be pursued and arrested by a police officer without warrant.Under this section, a police officer is authorised to pursue the offender to any place in the Indian Union for purposes of effecting his arrest. Hence, the arrest of a person by the police officer investigating an offence in pursuit of an offender is legal though it is made outside his circle.BNSS Sec 46: No unnecessary restraint: The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.Sec 49: No unnecessary restraint - The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.BNSS Sec 47: Person arrested to be informed of grounds of arrest and of right to bail: (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.Sec 50: Person arrested to be informed of grounds of arrest and of right to bail - (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.CommentThis provision provides that (1) the person arrested without any warrant should immediately be intimated the full particulars of the offence and the grounds for his arrest; and (2) where the offence is a bailable one, of his right to be released on bail. the police officer cannot keep the reasons to himself; a citizen is entitled to know them. A person is entitled to know the grounds of his arrest. This is a constitutional right guaranteed under Article 22(1) of the constitution. Section 50 of the code is in conformity with Article 22(1) of the constitution. This section confers a valuable right, and non-compliance with it amounts to disregard of the procedure established by law. The allegation that the grounds of arrest or its particulars, as would be enough to enable him to file an application for a writ of Habeas Corpus, were not given has to be proved by the person making such allegation. A person who has been arrested must be informed of the grounds of his arrest with greatest dispatch as soon as possible however, it may not be immediately. Where bail was sought on the ground that the accused was not informed of the grounds of his arrest, but the police controverted the fact through affidavit and an entry in the General Diary, a Full Bench of Allahabad High Court held that the arrested person must be informed of the bare necessary facts leading to hiss arrest including the facts that in respect of whom and by whom the offence is said to be committed, date, time and place of offence and it is the burden of prosecution to establish that the requirements of section 50(1) CrPC and Article 22(1) of the Constitution have been fully complied with. The Court said that all the available evidence including counter affidavit, General Diary entry, recovery memo or any other documents may be given by the police in support of its version and that denial by the accused need not be on affidavit.BNSS Sec 48: Obligation of person making arrest to inform about arrest, etc., to relative or friend: . (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.Sec 50A - Obligation of person making arrest to inform about the arrest etc., to a nominated person - Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.(2)The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station.(3)An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.CrPC (Amendment) Act, 2005 [clause (7)] - This clause seeks to insert a new section 50-A to require the police to give information about the arrest of the person as well as the place where he is being held to any one of his friends, relatives or such other persons who may be nominated by him for giving such information, etc.In D.K Basu v. State of West Bengal, the Supreme Court held that "Custodial torture" is a naked violation of human dignity and degradation which destroys, to a very large extent, the individual personality.BNSS Sec 49: Search of arrested person: 1) Whenever,— (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and (ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.Sec 51 Search of arrested person - (1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person Arrested cannot furnish bail,and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.the officer making the arrests or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.CommentBefore making a personal search of the accused, the search officer and others assisting him should give their personal search to the accused before searching the person of the accused. This rule is meant to avoid the possibility of implanting an object to be shown in the search. The grounds of such arrest must be given to the accused. Where no such grounds are given, the search becomes illegal. It is the duty of the officer making a search to obtain independent and respectable witnesses. This section does not require that the signature of the person searched shall be taken on the memo of the recovery list. If recovery memo is not signed by the accused, the search is not illegal. If section 51 and 102 CrPC are read together, the position will be that if the seized property is alleged or suspected to be stolen one, or which creates suspicion of any offence, the seizure must be reported to the Magistrate as required under section 102(3) CrPC.BNSS Sec 50: Power to seize offensive weapons: . The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested. Sec 52: Power to seize offensive weapons - The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.BNSS Sec 51: Examination of accused by medical practitioner at request of police officer: . (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. (3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer. Explanation.—In this section and sections 52 and 53,— (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. Sec 53: Examination of accused by medical practitioner at the request of police officer - (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-Inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
[Explanation. - In this Section and in Section 53-A and 54 -
(a) "Examination" shall include the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;
(b) registered medical practitioner means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.
BNSS Sec 52: Examination of person accused of rape by medical practitioner: . (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
Sec 53A - Examination of person accused of rape by medical practitioner - (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
2. The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely
- the name and address of the accused and of the person by whom he was brought,
- the age of the accused,
- marks of injury, if any, on the person of the accused,
- the description of material taken from the person of the accused for DNA profiling, and”.
- other material particulars in reasonable detail.
4. The exact time of commencement and completion of the examination shall also be noted in the report.
5. The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of Sub-Section (5) of that section.
BNSS Sec 53: Examination of arrested person by medical officer : (1) When any person is arrested, he shall be examined by a medical officer in the
service of the Central Government or a State Government, and in case the medical officer is
not available, by a registered medical practitioner soon after the arrest is made:
Provided that if the medical officer or the registered medical practitioner is of the
opinion that one more examination of such person is necessary, he may do so:
Provided further that where the arrested person is a female, the examination of the
body shall be made only by or under the supervision of a female medical officer, and in case
the female medical officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested
person shall prepare the record of such examination, mentioning therein any injuries or
marks of violence upon the person arrested, and the approximate time when such injuries or
marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such
examination shall be furnished by the medical officer or registered medical practitioner, as
the case may be, to the arrested person or the person nominated by such arrested person.
Sec 54: Examination of arrested person by medical officer - (1) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, be a registered medical practitioner soon after the arrest is made;
Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.
CrPC (Amendment) Act, 2008 [clause (9)] - This clause substitutes section 54 relating to examination of the arrested person by medical officer. The proposed amendment makes it obligatory on the part of the State to have the arrested person examine by a medical officer in the service of Central or State Governments and in case the medical officer is not available by a registered medical practitioner soon after the arrest is made. It also provides that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer; and in case the female medical officer is not available, by a female registered medical practitioner.
BNSS Sec 54: Identification of person arrested: Where a person is arrested on a charge of committing an offence and his
identification by any other person or persons is considered necessary for the purpose of
investigation of such offence, the Court, having jurisdiction may, on the request of the
officer in charge of a police station, direct the person so arrested to subject himself to
identification by any person or persons in such manner as the Court may deem fit:
Provided that if the person identifying the person arrested is mentally or physically
disabled, such process of identification shall take place under the supervision of a Magistrate
who shall take appropriate steps to ensure that such person identifies the person arrested
using methods that person is comfortable with and the identification process shall be
recorded by any audio-video electronic means.
Sec 54A Identification of person arrested - Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit.
Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with;1
Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be video graphed
Comment
CrPC (Amendment) Act, 2005 [clause (11)] - This clause seeks to insert a new section 54A to empower the Court to direct specifically the holding of the identification of the arrested person at the request of the prosecution.
The failure to hold test identification report would not make inadmissible the evidence of identification in the Court.
The weight to be attached to such identification should be a matter of fact for the courts. In appropriate cases it may accept the evidence of identification even without insisting on corroboration.
BNSS Sec 55: Procedure when police officer deputes subordinate to arrest without warrant: (1) When any officer in charge of a police station or any police officer making an
investigation under Chapter XIII requires any officer subordinate to him to arrest without a
warrant (otherwise than in his presence) any person who may lawfully be arrested without
a warrant, he shall deliver to the officer required to make the arrest an order in writing,
specifying the person to be arrested and the offence or other cause for which the arrest is
to be made and the officer so required shall, before making the arrest, notify to the person
to be arrested the substance of the order and, if so required by such person, shall show him
the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a
person under section 35.
Sec 55: Procedure when police officer deputes subordinate to arrest without warrant:
(1)When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in Sub-Section (1) shall affect the power of a police officer to arrest a person under section 41
BNSS Sec 56: Health and safety of arrested person: It shall be the duty of the person having the custody of an accused to take
reasonable care of the health and safety of the accused.
Sec 55A: Health and safety of arrested person - It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.
BNSS Sec 57: Person arrested to be taken before magistrate or officer in charge of police station: A police officer making an arrest without warrant shall, without unnecessary
delay and subject to the provisions herein contained as to bail, take or send the person
arrested before a Magistrate having jurisdiction in the case, or before the officer in charge
of a police station
Sec 56: Person arrested to be taken before magistrate or officer in charge of police station -A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, lake or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.
The Constitution of India, Article 22(2) also provides for producing the arrested person before Magistrate within 24 hrs. Concept of being in custody for enquiry cannot be equated with concept of actual arrest.
BNSS Sec 58: Person arrested not to be detained more than twenty four hours: No police officer shall detain in custody a person arrested without warrant for a
longer period than under all the circumstances of the case is reasonable, and such period
shall not, in the absence of a special order of a Magistrate under section 187, exceed
twenty-four hours exclusive of the time necessary for the journey from the place of arrest to
the Magistrate's Court, whether having jurisdiction or not
Sec 57: Person arrested not to be detained more than twenty four hours - No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
When a person is arrested under a warrant, section 76 becomes applicable. When he is arrested without a warrant, the police officer can keep him in custody for a period not exceeding 24 hours. Before the expiration of such period, the arrested person has to be produced before the nearest Magistrate, who can, under section 167, order his detention for a term not exceeding a total of 15 days on the whole. Or he can be taken to a Magistrate who has jurisdiction to try the case, and such Magistrate can remand the person into custody for a term which may exceed 15 day but not more that 60 days. The intention of the Legislature is that an accused person should be brought before a Magistrate competent to try or commit with as little delay as possible.
BNSS Sec 59: Police to report apprehension: Officers in charge of police stations shall report to the District Magistrate, or, if
he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without
warrant, within the limits of their respective stations, whether such persons have been
admitted to bail or otherwise.
Sec 58: Police to report apprehension: Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.
BNSS Sec 60: Discharge of person apprehended: No person who has been arrested by a police officer shall be discharged except
on his bond, or bail bond, or under the special order of a Magistrate.
Sec 59: Discharge of person apprehended: No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
BNSS Sec 61 Power, on escape, to pursue and retake: (1) If a person in lawful custody escapes or is rescued, the person from whose
custody he escaped or was rescued may immediately pursue and arrest him in any place in
India.
(2) The provisions of section 44 shall apply to arrests under sub-section (1) although
the person making any such arrest is not acting under a warrant and is not a police officer
having authority to arrest.
Sec 60: Power, on escape, to pursue and retake - (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.
(2) The provisions of section 47 shall apply to arrest under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
BNSS Sec 62: Arrest to be made strictly according to the code: 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.
Sec 60A: Arrest to be made strictly according to the code - No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.
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