Chapter 5 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) explains how arrests should be done in India. It’s built to make sure the police can do their job, but also to protect your basic rights. This chapter sets clear rules—from who can arrest, how they must do it, to what happens after someone is taken into custody.
Let’s break it down section by section.
Section 35 – When Can Police Arrest Without a Warrant?
Police have the power to arrest someone without a warrant in these cases:
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The person has committed a serious (cognizable) crime like murder, robbery, or assault.
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There’s credible information or strong suspicion the person was involved in a serious crime.
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The officer believes arrest is necessary to prevent a crime or stop someone from escaping justice.
???? However, this isn’t a free pass. The officer must explain the reason and show that the arrest was justified if questioned later.
Section 36 – What Should Happen During an Arrest?
The law says officers must:
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Clearly identify themselves—badge or ID included.
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Say out loud: “You’re under arrest,” and explain why.
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Use only the force that’s absolutely necessary—no more.
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Keep proper records: time, place, reason, and who was present.
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Respect the person’s dignity and communicate what’s going on.
✅ This section is about professionalism and basic decency.
Section 37 – Who Is Allowed to Make an Arrest?
Only properly designated officers—usually a Sub-Inspector or someone higher—can make an arrest. This ensures that arrests aren’t made by junior or untrained personnel.
Section 38 – Everyone Has the Right to a Lawyer
If someone is being held and questioned by the police, they must be allowed to:
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Meet their lawyer.
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Speak to them privately.
This keeps things fair and helps prevent forced confessions or mistreatment.
Section 39 – Refusing to Share Your Name or Address
If someone legally asked by police refuses to provide their name or address:
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Police must give them a clear warning and another chance.
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If they still refuse, the police can arrest them—but only to confirm their identity or continue the investigation.
Section 40 – When a Common Citizen Can Make an Arrest
Private citizens (non-police) can make an arrest if:
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The person has committed a serious crime in front of them.
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They immediately take the person to the nearest police station.
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No force is used beyond what’s needed.
⚠️ This helps community members act responsibly in emergencies without turning into vigilantes.
Section 41 – Arrests Ordered by a Magistrate
A magistrate can order the arrest of someone even in non-cognizable cases, especially when the police can’t act on their own. This adds a legal check on police power.
Section 42 – Protection for Armed Forces
Members of the Armed Forces (like the Army) cannot be arrested in the usual way for actions taken during official duties. If there's a complaint, it must go through military law channels.
Section 43 – The Right Way to Make an Arrest
Officers must:
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Clearly declare the arrest.
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Avoid excessive force.
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Remove restraints (like handcuffs) once the threat is over.
All actions must align with the reason for the arrest.
Section 44 – Arresting Someone Who's Hiding
If police need to enter someone’s home or hideout:
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They must identify themselves and show a warrant if required.
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If refused entry, they may use reasonable force—but only if absolutely necessary.
Section 45 – Chasing Someone Across State Lines
If a suspect escapes to another district or state:
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Police can continue the pursuit without needing a fresh warrant.
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They must inform the local police in the area they’ve entered.
Section 46 – Avoid Unnecessary Restraints
Police can’t shackle or chain someone unless it’s absolutely required. This section protects people from mistreatment and abuse.
Section 47 – Informing About the Arrest and Bail Rights
A person being arrested must be told:
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Why they’re being arrested.
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If the offence is bailable, that they have the right to apply for bail.
This is about fairness and legal transparency.
Section 48 – Letting Family or Friends Know
Police must inform someone close to the arrested person—a relative or friend—without delay. This makes the process transparent and helps prevent unlawful detention.
Section 49 – Searching the Arrested Person
Once arrested, police can search:
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The person’s clothing and immediate belongings.
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Only for dangerous or illegal items (weapons, contraband, etc.).
It must be done professionally and respectfully.
Section 50 – Seizing Weapons or Dangerous Items
Police can seize any weapon or object that may pose a threat. Everything taken must be listed and documented properly.
Section 51 – Medical Check-Up After Arrest
If the person has injuries or looks unwell:
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They must be examined by a doctor.
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A medical report must be issued with findings and treatment details.
This ensures no mistreatment goes unnoticed.
Section 52 – Medical Exam in Rape Cases
For victims of rape:
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A female doctor should examine the victim if requested.
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The process must protect the victim’s dignity while collecting evidence.
Section 53 – Medical Rights for the Accused
Even if no visible injury exists, the arrested person has the right to ask for a medical check-up. The findings must be recorded.
Section 54 – Confirming Identity
To confirm someone’s identity after arrest, police can:
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Conduct an ID parade (line-up).
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Take fingerprints, voice samples, or photos.
All procedures must be fair and recorded.
Section 55 – Senior Officers Can Assign Arrests
A senior officer can authorize a junior to make an arrest—but the instructions must be written, and all standard rules must still be followed.
Section 56 – Detainee’s Health and Safety
Police must provide basic necessities:
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Clean bedding and clothes
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Access to drinking water, toilets, and baths
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Separation from violent inmates
This helps protect the dignity and safety of the person in custody.
Section 57 – Must Be Presented Before Magistrate in 24 Hours
No matter what, a person must be brought before a magistrate within 24 hours of arrest. This ensures there's legal oversight.
Section 58 – No Holding Beyond 24 Hours Without Permission
Unless the person is released on bail or a magistrate gives approval, the police cannot keep anyone in custody beyond one day.
Section 59 – Proper Documentation is Mandatory
Every arrest must be recorded in:
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Station diary
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Arrest memos
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Official police reports
This makes everything trackable and reduces misuse of power.
Section 60 – Release if No Evidence Found
If after an initial check there’s no solid proof, the arrested person must be released. This helps avoid unnecessary time in custody.
Section 61 – What If Someone Escapes Custody?
Police can chase and re-arrest someone who runs away. They don’t need a fresh warrant for this.
Section 62 – Everything Must Follow BNSS Rules
From start to finish, the arrest must follow all BNSS guidelines. This ensures that arrests are legal, fair, and properly carried out.
Why Chapter 5 Is Important
This chapter protects both sides—the police and the people. It ensures:
✅ Police have clear powers to act
✅ Arrests are done with transparency and accountability
✅ Everyone’s rights are protected—legal aid, medical help, and humane treatment
✅ Proper checks are in place to prevent abuse of power
In Real Life
These rules are built into daily police procedures, training programs, court remand hearings, and more. Sections like those on legal aid, medical checks, and safety matter most in sensitive cases, especially involving women and children.
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