BNSS Chapter 5: What You Should Know About Arrest Procedures in India

Chapter 5 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lays out how arrests should be handled across India. This chapter isn't just about giving the police power—it’s about creating a balance between enforcing the law and protecting the rights of everyday people.

Let’s walk through what this chapter covers and why it matters to all of us.

When Can Police Arrest Without a Warrant? (Section 35)

Not every arrest needs a warrant. Police are allowed to act immediately when:

• A serious crime like ***, robbery, or kidnapping has occurred

• They have strong evidence or a solid reason to believe someone is guilty

• They need to prevent a crime or stop someone from running away

👉 But even in these cases, officers must explain why they’re arresting someone and be able to back it up if questioned later.

What Happens During an Arrest? (Section 36)

Police officers have a duty to follow proper procedure. That means:

• Clearly identifying themselves

• Informing the person why they’re being arrested

• Using only the force that’s necessary—nothing excessive

• Keeping full records of what happened, when, and why

• Treating the person with basic respect and dignity

Only Trained Officers Can Arrest (Section 37)

Arrests can’t be made by just anyone in uniform. Only officers with the proper rank—like a Sub-Inspector or higher—are allowed to carry out arrests. This ensures accountability.

Everyone Has the Right to a Lawyer (Section 38)

If you’re being questioned in custody, you’re entitled to:

• Meet and speak with your lawyer

• Have those conversations in private, without police listening in

This is a vital safeguard against mistreatment or forced confessions.

Refusing to Share Your Name or Address? (Section 39)

If someone refuses to give their identity when asked by police:

• They’ll be warned

• If they still don’t cooperate, they can be arrested to verify who they are

Can Regular People Make Arrests? (Section 40)

Surprisingly, yes—but with limits. Citizens can arrest someone if:

• The crime is serious and happens in front of them

• They don’t use unnecessary force

• They hand the person over to police right away and explain everything

This allows people to act in emergencies but prevents misuse.

When a Magistrate Steps In (Section 41)

Magistrates can order an arrest—especially in cases where police don’t have the power to act on their own. This adds a legal check on police authority.

Special Protection for the Armed Forces (Section 42)

If someone in the military is on duty, they can’t be arrested the usual way. Any allegations against them must go through military channels. This separates civil and military law.

How an Arrest Should Be Carried Out (Section 43)

The officer must:

• Clearly say the person is under arrest

• Avoid force unless it’s needed

• Remove any restraints like handcuffs when it’s safe to do so

Everything should align with the reason for the arrest.

If the Person Is Hiding (Section 44)

Police can enter a home to arrest someone, but:

• They must identify themselves

• Use a warrant if needed

• Only use force if truly necessary

Chasing a Suspect Across State Lines (Section 45)

If someone runs into another district or state, police don’t need a new warrant—they can keep chasing. But they must inform the local authorities as soon as they arrive.

Avoiding Harsh Treatment (Section 46)

Officers aren’t allowed to use excessive restraint—like unnecessary s***les or rough behavior. Arrests must be handled with a sense of dignity and fairness.

Right to Know and Right to Bail (Section 47)

You must be told:

• Why you’re being arrested

• Whether your offence is bailable, and how to apply for bail

This ensures clarity from the very beginning.

Letting Your Family Know (Section 48)

Police are required to contact a person close to you—either someone you name, or a relative—right after your arrest. This avoids secrecy and gives emotional support.

Searches After Arrest (Section 49)

Officers can only search what you're carrying—your clothes or bags—looking for weapons or illegal items. The search must be done professionally and with respect.

Taking Away Dangerous Items (Section 50)

If the person has anything dangerous on them (like a knife or weapon), it can be seized. Every item must be documented in official records.

Medical Check-Ups (Section 51)

If the person arrested has injuries or health concerns, a doctor must examine them. A medical certificate must be issued noting everything, including treatment given.

Special Care in Rape Cases (Section 52)

When it comes to victims of ***ual assault:

• A female doctor should handle the exam if the victim asks

• The process must protect both evidence and the victim’s dignity

Medical Rights for the Accused (Section 53)

Even without visible injuries, the person arrested can request a medical exam. Doctors must record their condition and any complaints.

Confirming Identity (Section 54)

Police can run ID checks through:

• Line-ups

• Fingerprints or photos

• Voice samples

All of this must be documented and fair.

Delegating Arrests (Section 55)

Senior officers can ask juniors to make an arrest, but it must be:

• In writing

• Followed according to all legal protocols

Health & Safety of the Person in Custody (Section 56)

Police must provide:

• Clean bedding and clothes

• Access to water, bathrooms, and bathing

• Separation from violent detainees

This section focuses on humane treatment.

Must Be Taken to Magistrate Within 24 Hours (Section 57)

No matter the crime, the person must be presented before a magistrate within 24 hours of arrest. This protects them from illegal detention.

No Holding Without Permission (Section 58)

Unless the person is granted bail or the magistrate allows more time, holding them beyond 24 hours is illegal.

Everything Must Be Recorded (Section 59)

Every arrest must be properly logged:

• In the police station diary

• Through official arrest memos

• In internal reports

If There’s No Case, Let Them Go (Section 60)

If the investigation finds no real evidence, the person must be released. This avoids unnecessary time in custody.

If the Person Escapes (Section 61)

If someone escapes police custody, officers can immediately chase and re-arrest them—no fresh warrant is needed.

Follow the Rules from Start to Finish (Section 62)

Every step of the arrest—from the moment it starts to the final paperwork—must follow BNSS rules. It ensures legal and ethical conduct.

Why This Chapter Matters

BNSS Chapter 5 is more than just law—it’s a blueprint for how arrests should be done fairly, safely, and within limits.

✅ It protects the rights of citizens
✅ It sets boundaries for police powers
✅ It demands transparency, proper documentation, and respect for human dignity

In Practice

These aren’t just guidelines on paper. They shape police training, courtroom decisions, and how sensitive cases (like ***ual assault or wrongful arrests) are handled across the country.

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