Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 43: 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 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 handcuffs 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 an offence of organized 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.
Brefe Detail
Section 43 outlines the procedures and guidelines for making an arrest. It emphasizes the necessity for physical touch or confinement unless there is voluntary submission. Specific provisions are made for the arrest of women, the use of force, the conditions for handcuffing, and restrictions on the timing of arrests for women. The section prioritizes the protection of individual rights while ensuring lawful arrest procedures.
Question & Answers
What is required for an arrest to be valid according to Section 43?
A: The police officer must actually touch or confine the person to be arrested unless there is a submission to custody.
What special provisions apply when arresting a woman?
A: A woman’s submission to custody is presumed on oral intimation of arrest, and a male officer must not touch her unless necessary.
Can force be used during an arrest?
A: Yes, if the person forcibly resists or attempts to evade arrest, the police officer may use all necessary means to effect the arrest.
When can handcuffs be used?
A: Handcuffs may be used based on the nature and gravity of the offence, particularly for habitual offenders or serious crimes.
Are there restrictions on arresting women?
A: Yes, women cannot be arrested after sunset and before sunrise unless exceptional circumstances exist, requiring prior permission from a Magistrate.
Example
- Scenario 1: A police officer approaches a suspect who willingly submits to arrest. The officer only needs to inform the suspect of the arrest.
- Scenario 2: A police officer attempts to arrest a man who resists. The officer may use necessary force to complete the arrest.
- Scenario 3: A woman is arrested after sunset. The arresting officer must have obtained permission from a Magistrate, documenting the exceptional circumstances.
Summary
Section 43 of the Bharatiya Nagarik Suraksha Sanhita establishes clear guidelines for the arrest process, ensuring the protection of individual rights while providing police with the authority to perform their duties. Special considerations are given for the arrest of women and the use of force, emphasizing lawful conduct during the arrest process.
