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CHAPTER V ARREST OF PERSONS

Section 43: Arrest how made

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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, 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.

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

4346. Arrest how made.
43(1)46(1)
43(2)46(2)
43(3)New Sub-Section
43(4)46(3)
43(5)46(4)

Questions on this section

12 questions in 30 of our papers cite Section 43. Try these from the free papers:

  1. 1. In Sheela Barse v. State of Maharashtra (1983), dealing with the protection of women in police custody, the Supreme Court directed, among other things, that

  2. 2. Consider the following statements under the BNSS: 1. 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. 2. Where no female officer is available, a woman who has been arrested may be searched by a male police officer in the presence of a female witness. 3. The examination of the body of a female arrested person under Section 53 shall be made only by or under the supervision of a female medical officer, and where a female medical officer is not available, by a female registered medical practitioner. Which of the statements given above is/are correct?

  3. 3. Section 43(3) of the BNSS permits a police officer, keeping in view the nature and gravity of the offence, to use handcuffs while arresting, or producing before the court, certain categories of persons. Which of the following is NOT one of those categories?

Practise questions on Bharatiya Nagarik Suraksha Sanhita