ARREST OF PERSON
Chapter V of The Bharatiya Nagarik Suraksha Sanhita, 2023 speaks about arrest of a person.
Who can be arrested?
As per Section 35 of BNSS Any person who have committed a cognizable offence either in presence of a police officer or a reasonable complaint is made against that person where credible information exists with reasonable suspicion that such an offence has been committed by that person.
Offences which may lead to arrest of a person without warrant.
- Any person reasonably suspected to commit a cognizable offence punishable with imprisonment extent to seven years or more whether with or without fine including death sentence.
- Any person who is a proclaimed offender by Sanhita or by the State Government.
- Any person who possesses any property which may reasonably be suspected to be a stolen property.
- Any person who obstructs a police officer from performing his lawful duty, or who has escaped or attempted to escape from lawful custody.
- Any person who reasonably suspected to be a deserter from any of the arm forces of the Union.
- Any person who is concerned in, or reason able complaint, or credible information is received of committing an offence outside India which if committed in India would be an offence.
- Any person who is convicted of an offence and was realised imposing rules by the State Government and he /she violates such rules.
- Any person who’s arrest requisition is made by one police officer to other either in written or orally specifying reason of arrest.
Gurjeet Singh Johar V. State of Punjab. 2020(1)RCR (Criminal) 344:.
Power of Police to arrest even without any assistance of the Magistrate is conferred to Police Officer during investigation.
Offences which a person can be arrested with warrant only.
- Any person reasonably suspected of committing a Non-Cognizable offence.
- Any person who has was released by the court on bond and latter on fails to appear before the court.
- A warrant against any person allows Law Enforcement agency to take that person into custody by a Judge or a Magistrate.
State V. Dawood Ibrahim Kaskar, (2000) 10 SCC 438.
Magistrate must have reason to exercise its discretionary power to decide.
Who can arrest?
An arrest can be made by 3 types of persons.
- Police Officer Under Section 35 of BNSS Any person who have committed a cognizable offence either in presence of a police officer or a reasonable complaint is made against that person where credible information exists with reasonable suspicion that such an offence has been committed by that person.
- Private Person Under Section 40 of BNSS any privet person may arrest a person if in his presence any person commits a Non-Bailable and cognizable offence, or the person is a proclaimed offender. Subsequent to such arrest the person without unreasonable delay call a Police Officer and hand over such offender or in absence of Police Officer such offender must be taken in custody of nearest Police Station within six hours.