Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 36
Procedure of arrest and duties of officer making arrest
In one line
BNSS Section 36 deals with procedure of arrest and duties of officer making arrest and replaces CrPC 41B.
Bare act text — BNSS 36
36. Procedure of arrest and duties of officer making arrest.
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.
What changed from the CrPC
- CrPC 41B → BNSS 36: The words "any other person" is added are clause (c).
Frequently asked
What was BNSS Section 36 in the CrPC?
BNSS Section 36 (Procedure of arrest and duties of officer making arrest) replaces Section 41B of the Code of Criminal Procedure, 1973. CrPC 41B is now BNSS 36.
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Nearby BNSS sections
- BNSS 31 — Public when to assist Magistrates and police
- BNSS 32 — Aid to person, other than police officer, executing warrant
- BNSS 33 — Public to give information of certain offences
- BNSS 34 — Duty of officers employed in connection with affairs of a village to make certain report
- BNSS 35 — When police may arrest without warrant
- BNSS 37 — Designated police officer
- BNSS 38 — Right of arrested person to meet an advocate of his choice during interrogation
- BNSS 39 — Arrest on refusal to give name and residence
- BNSS 40 — Arrest by private person and procedure on such arrest
- BNSS 41 — Arrest by Magistrate