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.
Bharatiya Nagarik Suraksha Sanhita
Section 36
Procedure of arrest and duties of officer making arrest
Englishहिंदी
⚡ Quick Answer Reference: Section 36 BNSS
- Provision: Section 36 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section requires police officers to identify themselves, prepare a memorandum of arrest, and inform the arrested person of their right to have someone notified of their arrest.
Statutory Content
What does Section 36 of BNSS say?
Indian StandardSection 36, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 36 (India)
Court Pleading StandardSection 36 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/36
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 36 of BNSS mean?
Plain English Explanation
This section requires police officers to identify themselves, prepare a memorandum of arrest, and inform the arrested person of their right to have someone notified of their arrest.
Practical Interpretation
In practice, this section ensures transparency and accountability in the arrest process by requiring officers to follow specific procedures, including identification and documentation.
Core Legal Purpose
The core purpose is to safeguard the rights of individuals during arrest, ensuring they are treated fairly and their loved ones are informed, promoting trust in law enforcement.
Key Legal Elements
- •The police officer must bear accurate and visible identification.
- •A memorandum of arrest must be prepared and attested by a witness or the person arrested.
- •The arrested person has the right to have a relative or friend informed of their arrest.
- •The memorandum must be countersigned by the person arrested, if possible.
Practical Example
Practical Example of Section 36 BNSS
Rajesh, a police officer, arrests Amit for a suspected crime. Rajesh must show his identification, prepare a memorandum of arrest, and have it attested by a witness, such as a family member of Amit or a local resident. Rajesh must also inform Amit that he can have a friend or relative notified of his arrest, unless a family member is already present.
Common Questions (FAQ)
Frequently Asked Questions about Section 36 BNSS
Q: What is the punishment or consequence under Section 36 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers, which are public entities, during the process of making an arrest.
Q: Is an offence under this section bailable or cognizable?
This section does not outline a specific offence, thus it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 36 BNSS
What is Section 36 of BNSS?
Section 36 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure of arrest and duties of officer making arrest". In plain terms: This section requires police officers to identify themselves, prepare a memorandum of arrest, and inform the arrested person of their right to have someone notified of their arrest.
What is the punishment under Section 36 of BNSS?
Section 36 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 36 of BNSS bailable or non-bailable?
Whether Section 36 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 36 of BNSS?
The essential elements of Section 36 of BNSS are: The police officer must bear accurate and visible identification.; A memorandum of arrest must be prepared and attested by a witness or the person arrested.; The arrested person has the right to have a relative or friend informed of their arrest..
Landmark Case Laws
Landmark Judgments under Section 36 BNSS
Patnahcucisdb94 High Court (10 8)
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