(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.
Bharatiya Nagarik Suraksha Sanhita
Section 43
Arrest how made
⚡ Quick Answer Reference: Section 43 BNSS
- Provision: Section 43 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 explains how arrests should be made, including the need for physical touch or submission, and special considerations for arresting women.
What does Section 43 of BNSS say?
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What does Section 43 of BNSS mean?
Plain English Explanation
This section explains how arrests should be made, including the need for physical touch or submission, and special considerations for arresting women.
Practical Interpretation
In practice, police officers must ensure they follow the procedures outlined, respecting the dignity of those being arrested, especially women, and using force only when necessary.
Core Legal Purpose
The core purpose is to standardize and humanize the arrest process, balancing the need for law enforcement with the protection of individual rights and dignity.
- •Actual touch or confinement of the body of the person to be arrested, unless there is submission to custody.
- •Special considerations for the arrest of women, including presumption of submission on oral intimation and restrictions on physical contact.
- •The use of force and handcuffs is subject to the nature and gravity of the offence and the behavior of the person being arrested.
- •Prohibition on causing death to a person not accused of a capital or life imprisonment offence.
Practical Example of Section 43 BNSS
For example, if Police Officer Rajesh is to arrest Priya, a woman suspected of a non-violent offence, he must first try to obtain her submission through oral intimation. If she resists, he may use necessary force but should avoid physical contact unless absolutely required. Additionally, unless exceptional circumstances exist, the arrest should not be made after sunset or before sunrise without prior permission from a Magistrate.
Frequently Asked Questions about Section 43 BNSS
Q: What is the punishment or consequence under Section 43 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?
The section primarily applies to police officers but also mentions 'other person', implying it could apply to any individual making an arrest, though the context suggests a focus on law enforcement.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines procedures for arrest, thus it does not classify an offence as bailable or cognizable.
Common Questions about Section 43 BNSS
What is Section 43 of BNSS?
Section 43 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest how made". In plain terms: This section explains how arrests should be made, including the need for physical touch or submission, and special considerations for arresting women.
What is the punishment under Section 43 of BNSS?
Section 43 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 43 of BNSS bailable or non-bailable?
Whether Section 43 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 43 of BNSS?
The essential elements of Section 43 of BNSS are: Actual touch or confinement of the body of the person to be arrested, unless there is submission to custody.; Special considerations for the arrest of women, including presumption of submission on oral intimation and restrictions on physical contact.; The use of force and handcuffs is subject to the nature and gravity of the offence and the behavior of the person being arrested..
Landmark Judgments under Section 43 BNSS
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Sections commonly cited alongside Section 43
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