What is BNSS Section 36?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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;
• (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.

Brefe Detail

This section outlines the procedure that police officers must follow when making an arrest. It emphasizes the importance of identification, the preparation of a memorandum of arrest, and the rights of the arrested person regarding notification of their arrest to a family member or friend.

Question & Answers

What must a police officer have for identification while making an arrest?

A police officer must bear an accurate, visible, and clear identification of his name.

What is required in the memorandum of arrest?

The memorandum of arrest must be attested by at least one witness who is a family member or a respectable local member, and it should be countersigned by the person arrested.

Does the arrested person have any rights regarding notification of their arrest?

Yes, unless the memorandum is attested by a family member, the arrested person must be informed of their right to have a relative, friend, or any other person named by them notified of their arrest.

Example

• 1. A police officer identifies himself clearly before arresting a suspect.
• 2. During an arrest, the officer prepares a memorandum, ensuring it's signed by a family member present at the time.
• 3. If a person is arrested and the memorandum isn't attested by a family member, the officer informs them of their right to contact someone regarding their arrest.

Summary

Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sets forth the duties of police officers during arrests, including the necessity for proper identification, documentation of the arrest, and informing the arrested individuals of their rights.