BNSS § 36 · Bharatiya Nagarik Suraksha Sanhita, 2023

Section 36 BNSS — Procedure of arrest and duties of officer making arrest

Replaces CrPC 41B of the Code of Criminal Procedure, 1973. In force since 1 July 2024.

The text

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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

Convert an old section number to the new code