Date:-22/04/2024 Retrieved Rubrics -ARREST ------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ "non-bailable offence" means any other offence; (d) "bail bond" means an undertaking for release with surety; (e) "bond" means a personal bond or an undertaking for release without surety; (f) "charge" includes any head of charge when the charge contains more heads than one; (g) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (h) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.-A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ course of which evidence is or may be legally taken on oath; (n) "local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (o) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant; (p) "notification" means a notification published in the Official Gazette; 1 of 1871. (q) "offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871; (r) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ officers of police. 31. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid- Public when to assist Magistrates and police. (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property. 32. When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. Aid to person, other than ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (iii) the words "officer employed in connection with the affairs of the village" means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village. Sec. 1] 13 13 CHAPTER V ARREST OF PERSONS 35. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person- (a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:- (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary- (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for When police may arrest without warrant. 14 14 which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 14 14 which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. Procedure of arrest and duties of officer making arrest. 36. 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ arrest. 36. 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; and (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. Designated police officer. 37. The State Government shall- (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ friend or any other person named by him to be informed of his arrest. Designated police officer. 37. The State Government shall- (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters. Sec. 1] 15 15 38. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. Right of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ any manner including in digital mode in every police station and at the district headquarters. Sec. 1] 15 15 38. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. Right of arrested person to meet an advocate of his choice during interrogation. 39. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ meet an advocate of his choice during interrogation. 39. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. Arrest on refusal to give name and residence. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ refusal to give name and residence. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. 40. (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. 40. (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. Arrest by private person and procedure on such arrest. (2) If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ him in custody. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. 41. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Arrest by Magistrate. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. 42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ bail, commit the offender to custody. Arrest by Magistrate. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. 42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. Protection of members of Armed Forces from arrest. 16 16 Arrest how made. 43. (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 43. (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 handcuff 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 offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ who escaped from custody, or who has committed offence of organised 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. Search of place entered by person sought to be arrested. 44. (1) If any person acting under a warrant of arrest, or any police officer having ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Search of place entered by person sought to be arrested. 44. (1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub- section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub- section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ duly made, he cannot otherwise obtain admittance: Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. Sec. 1] 17 17 45. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. Pursuit of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Sec. 1] 17 17 45. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. Pursuit of offenders into other jurisdictions. 46. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. No unnecessary restraint. 47. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Person arrested to be informed of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ No unnecessary restraint. 47. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Person arrested to be informed of grounds of arrest and of right to bail. (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. 48. (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. 48. (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. Obligation of person making arrest to inform about arrest, etc., to relative or friend. (3) An entry of the fact as to who has been informed of the arrest of such person shall ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ arrest to inform about arrest, etc., to relative or friend. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person. 49. (1) Whenever,- (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and Search of arrested person. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (2) and sub-section (3) have been complied with in respect of such arrested person. 49. (1) Whenever,- (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and Search of arrested person. (ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing- apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing- apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. 50. The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested. Power to seize offensive weapons. 51. (1) When a person is arrested on a charge of committing an offence of such a ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ offensive weapons. 51. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably Examination of accused by medical practitioner at request of police officer. 18 18 necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. Examination of person accused of rape by medical practitioner. 52. (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub- section (6) of that section. Examination of arrested person by medical officer. 53. (1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: 30 of 2019. Sec. 1] 19 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: 30 of 2019. Sec. 1] 19 19 Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person. 54. Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Identification of person arrested. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Identification of person arrested. Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means. 55. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means. 55. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. Procedure when police officer deputes subordinate to arrest without ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. Procedure when police officer deputes subordinate to arrest without warrant. (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35. 56. It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused. Health and safety of arrested person. 57. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Health and safety of arrested person. 57. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. Person arrested to be taken before Magistrate or officer in charge of police station. 58. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ police station. 58. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not. Person arrested not to be detained more than twenty-four hours. 59. Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. Police to ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ whether such persons have been admitted to bail or otherwise. Police to report apprehensions. 20 20 Discharge of person apprehended. 60. No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate. Power, on escape, to pursue and retake. 61. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 44 shall apply to arrests ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Power, on escape, to pursue and retake. 61. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. Arrest to be made strictly according to Sanhita. 62. No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest. CHAPTER VI PROCESSES ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ summons on witness. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. B.-Warrant of arrest 72. (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. Form of warrant of arrest and duration. 22 22 (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of arrest and duration. 22 22 (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. Power to direct security to be taken. 73. (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state- (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before the Court. (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. Warrants to whom directed. 74. (1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. Warrant may be directed to any person. 75. (1) The Chief Judicial Magistrate or a Magistrate of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. Warrant may be directed to any person. 75. (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ directed to police officer. 76. A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed. Notification of substance of warrant. 77. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant. Person arrested to be brought before Court without delay. 78. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ required, shall show him the warrant. Person arrested to be brought before Court without delay. 78. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Where warrant may be executed. Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. 79. A warrant of arrest may be executed at any place in India. Sec. 1] 23 23 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. Warrant forwarded for execution outside jurisdiction. (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be granted to the person. 81. (1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magistrate or police officer shall endorse his name thereon and such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ for execution outside jurisdiction. (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it. 82. (1) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner. Procedure on arrest of person against ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner. Procedure on arrest of person against whom warrant issued. (2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides. 83. (1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provided that, if the offence is bailable, and such person is ready and willing to give ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Superintendent or Commissioner, or a direction has been endorsed under section 73 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as the case may be, and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 80, to release such person on bail. (2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 73. Procedure by Magistrate before whom such person arrested is brought. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ first-mentioned Court. D.-Other rules regarding processes Issue of warrant in lieu of, or in addition to, summons. 90. A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest- (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. Power to take bond or bail bond for ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. Power to take bond or bail bond for appearance. 91. When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial. Arrest on breach of bond or bail bond for appearance. 92. When any person who is bound by any bond or bail bond ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ any other Court to which the case may be transferred for trial. Arrest on breach of bond or bail bond for appearance. 92. When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him. Provisions of this Chapter generally applicable to summons and warrants of arrest. 93. The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Provisions of this Chapter generally applicable to summons and warrants of arrest. 93. The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.-Summons to produce Summons to produce document or other thing. 94. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ document, etc., produced. 110. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that- Reciprocal arrangements regarding processes. (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or 32 32 (d) a search-warrant, issued by it shall be served or executed at any place,- (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf. (2) Where a Court in the said territories has received for service or execution- (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by- (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or other thing, or to produce it; or (d) a search-warrant, issued by- (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where- (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83; (ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104: Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ investigate into the offence in the same manner, as if the offence had been committed within India. (2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit. 114. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) If , in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ securing transfer of persons. 34 34 person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub- section (1) or ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Copy of order to accompany summons or warrant. 133. Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. Power to dispense with personal attendance. 134. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. Sec. 1] 39 39 (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it; (b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. Power to release persons imprisoned for failing to give security. 42 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ use of civil force. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. 149. (1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces. Use of armed forces to disperse ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces. Use of armed forces to disperse assembly. (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 150. When the public security is manifestly endangered by any such assembly and ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 150. When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. Power of certain armed force officers to disperse assembly. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ cognizable offences. Information of design to commit cognizable offences. 168. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. Arrest to prevent commission of cognizable offences. 170. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. 169. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 170. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. 169. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force. Prevention of injury to public property. 171. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,- (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. Information as to noncognizable cases and investigation of such cases. 54 54 (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: Provided that- (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case: Provided further that in relation to an offence of rape, the recording of statement of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 185. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4). 187. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub- inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ in the custody of the police shall record his reasons for so doing. Sec. 1] 61 61 (8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (9) If in any case triable by a Magistrate as a summons- case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. (10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating- (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; 32 of 2012 . Sec. 1] 63 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant. Procedure by Magistrate not competent to take cognizance of case. Postponement of issue of process. 74 74 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material. Court may alter charge. 239. (1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. Record of evidence in absence of accused. 335. (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Power of Magistrate to order person to give specimen signatures or handwriting, etc. Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding: Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. 350. Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita. Expenses of complainants ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation.-For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means. 356. (1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:- (i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the police station of the district of his last known address of residence. (3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State. (4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. Inquiry, trial or judgment in absentia of proclaimed offender. 108 108 (5) Where a trial is related to a person under this ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 108 (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct. (6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial. (7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal: Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment. (8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84. Procedure where accused ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. 358. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub- section (1), then- (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ police of such incident. Witness protection scheme. 398. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses. Compensation to persons groundlessly arrested. 399. (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. Arrest of accused in appeal from acquittal. 431. When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. Sec. 1] 133 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Execution of sentence of imprisonment. Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. 459. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. jailor. 460. When the prisoner is to be confined in a jail, the warrant shall be lodged with the Direction of warrant for execution. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 462. A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found. Effect of such warrant. 463. Notwithstanding anything in this Sanhita or in any other law for the time being ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS 478. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears In what cases bail to be taken. 144 144 or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. Explanation.-Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail. When bail may be taken in case of non-bailable offence. 480. (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for Sec. 1] 145 145 believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing. (5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. 146 146 (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion of the trial of a person accused of a ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply. Direction for grant of bail to person apprehending arrest. 482. (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub- section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. 484. (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. 485. (1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Power to order sufficient bail when that first taken is insufficient. Discharge of sureties. 488. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. 489. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ on accused. Appeal against orders under section 498 or section 499. 499. When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order. 500. (1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appellate Court may direct the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Explanation.-In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period of limitation, the time during which the offender- (a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or (b) has avoided arrest by absconding or concealing himself, shall be excluded. Exclusion of date on which Court is closed. 517. Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens. Explanation.-A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression "Magistrate of the first class" and "any Magistrate" does not include Executive Magistrates; (ii) the word "cognizable" stands for "a police officer may arrest without warrant"; and (iii) the word "non- cognizable" stands for "a police officer shall not arrest without warrant". I.-OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Section 1 Offence Punishment Cognizable or Noncognizable Bailable or Nonbailable By what Court triable ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ on the..............................................day...... ......................................... Herein fail not. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ---- 192 FORM No. 3 WARRANT OF ARREST (See section 72) To .............................................. (name and designation of the person or persons who is or are to execute the warrant). WHEREAS (name of accused) of (address) stands charged with the offence of ...................................................... (state the offence), you are hereby directed to arrest the said ......................................................, and to produce him before me. Herein fail not. Dated, this.............................................. day of.............................................. , 20 ............... . ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ continue so to attend until otherwise directed by me, he may be released. Dated, this.............................................. day of.............................................. , 20 ............... . (Seal of the Court) (Signature) ---- Sec. 1] 193 FORM No. 4 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 83) I, .......................................................... ..(name), of........................................................ ..., being brought before the District Magistrate of........................................................ ...(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of........................................................ ..., do hereby bind myself to attend in the Court of........................................................ .........on the..................................day of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ myself to forfeit, to Government, the sum of rupees................................................. . Dated, this.............................................. day of.............................................. , 20 ............... . (Signature) I do hereby declare myself surety for the above- named.............................................. of........................................................ .. that he shall attend before in the Court of on the.............................................. day of.............................................. next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees.................................................... ......... . Dated, this.............................................. day of.............................................. , 20 ............. . (Signature) ---- 194 FORM No. 5 PROCLAMATION ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 84) WHEREAS a complaint has been made before me that................................................... (name, description and address) has committed (or is suspected to have committed) the offence of .............................................. , punishable under section.............................................. of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction that the said.............................................. (name) has absconded (or is concealing himself to avoid the service of the said warranty); Proclamation is hereby made that the said.............................................. of.............................................. is required to appear at.............................................. (place) before this Court (or before me) to answer the said complaint on the.............................................. day ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (See section 85) To..............................................(name and designation of the person or persons who is or are to execute the warrant). WHEREAS complaint has been made before me that..............................................(name, description and address) has committed (or is suspected to have committed) the offence of..............................................punishable under section..............................................of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said..............................................(name) cannot be found; and whereas it has been shown to my satisfaction that the said..............................................(name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said..............................................to appear to answer the said charge within..............................................days; and whereas the said..............................................is ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 85) To the District Magistrate/Collector of the District of.............................................. WHEREAS complaint has been made before me that.............................................. (name, description and address) has committed (or is suspected to have committed) the offence of .............................................., punishable under section..............................................of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said..............................................(name) cannot be found; and whereas it has been shown to my satisfaction that the said..............................................(name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ....................................... (name) to appear to answer the said charge within.........................................days; and whereas the said..............................................is possessed of certain land paying revenue to Government ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ and description of accused) of..............................................(address) has (or is suspected to have) committed the offence of ..............................................(mention the offence concisely), and it appears likely that..............................................(name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said..............................................(name of witness), and on the..............................................day of..............................................to bring him before this Court.............................................., to be examined touching the offence complained of. Dated, this.............................................. day of.............................................. , 20 ............... . (Seal of the Court) (Signature) ---- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ ---- 238 FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................. , 20 ............ . ........................................................