CHAPTER V ARREST OF PERSONS

Section 36: Procedure of arrest and duties of officer making arrest

The Bharatiya Nagarik Suraksha Sanhita, 2023

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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

36	41B. Procedure of arrest and duties of officer making arrest.

Questions on this section

5 questions in 17 of our papers cite Section 36. Try these from the free papers:

1. Under Section 36(b) of the BNSS, the memorandum of arrest prepared by the police officer making an arrest shall be

Practise questions on Bharatiya Nagarik Suraksha Sanhita