Law4u - Made in India

What is BNSS Section 36?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ajay Thakur

Advocate Ajay Thakur

Anticipatory Bail,Breach of Contract,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Domestic Violence,Family,Property,Succession Certificate,Wills Trusts,

Get Advice
Advocate Sankar Ghosh

Advocate Sankar Ghosh

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Corporate

Get Advice
Advocate Kunal Pawar

Advocate Kunal Pawar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Supreme Court, Wills Trusts, Revenue, Breach of Contract, Corporate, Documentation, GST, Insurance, Media and Entertainment, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Tax, Armed Forces Tribunal

Get Advice
Advocate Tarush Katarey

Advocate Tarush Katarey

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Documentation, NCLT, Patent, Property, Recovery, Startup, Trademark & Copyright

Get Advice
Advocate Eraz Alam

Advocate Eraz Alam

Criminal, Motor Accident, Arbitration, Divorce, Domestic Violence

Get Advice
Advocate Sagar Verma

Advocate Sagar Verma

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Muslim Law, Property, R.T.I, Recovery, Supreme Court, Tax

Get Advice
Advocate Rajiv Modgill

Advocate Rajiv Modgill

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Wills Trusts, Customs & Central Excise, Corporate, High Court, Immigration, Insurance, R.T.I, Trademark & Copyright, Revenue, Tax

Get Advice
Advocate Shushanth R

Advocate Shushanth R

Breach of Contract, Civil, Criminal, Documentation, Family, Landlord & Tenant, Motor Accident, Muslim Law, Succession Certificate, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.