Power of Arrest Under BNSS

Power of Arrest Under BNSS

Written by: Risha Fatema (Director at The Law IQ)

Introduction:

Chapter V (Arrest of Persons) of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) describes about the arrest of a person who can arrest and how the arrest made. In old laws also it was describe in Chapter V Code of Criminal Procedure, 1973.

A police officer or a magistrate or even a private person may arrest an accused person. In D K Basu v. State of West Bengal, Supreme Court issued guidelines for arrest.

By a police officer:

A police officer has power to arrest an accused with or without warrant.

With warrant:

Under section 79 BNSS (Sec 74 CrPC) a warrant is directed to the police officer, it can also be executed by any police officer.

Without warrant:

A police officer may arrest without warrant in certain cases such as when he saw that a person is committing a cognizable offence in his front or he has suspicion of commission of a cognizable offence, a reasonable complaint has been made or he received information of commission of a cognizable offence under Sec 35 BNSS (Sec 41 CrPC).

By a magistrate:

Any executive or judicial magistrate may arrest a person himself or order any other person to arrest, if any offence is committing within his local jurisdiction empowered by Section 41 of BNSS(Section 44 CrPC).

 

By a private person:

Section 40 BNSS (Section 43 CrPC) provides power to a private person to arrest. When a common man saw a person committing a non-bailable or cognizable offence or he saw a proclaimed offender, he should arrest that person and take over him to a police officer and in absence of police office take him to the nearest police station.

Conclusion:

To arrest an accused is not a duty of only a police officer; an arrest can be made by a magistrate and even by a common person who saw someone committing a cognizable offence and to take him to a police station.