No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.
Bharatiya Nagarik Suraksha Sanhita
Section 62
Arrest to be made strictly according to Sanhita
Englishहिंदी
⚡ Quick Answer Reference: Section 62 BNSS
- Provision: Section 62 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 says that no arrest can be made unless it follows the rules of the Bharatiya Nagarik Suraksha Sanhita or any other law that allows arrest. This means that the police or authorities must follow the law when making an arrest.
Statutory Content
What does Section 62 of BNSS say?
Indian StandardSection 62, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 62 (India)
Court Pleading StandardSection 62 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/62
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 62 of BNSS mean?
Plain English Explanation
This section says that no arrest can be made unless it follows the rules of the Bharatiya Nagarik Suraksha Sanhita or any other law that allows arrest. This means that the police or authorities must follow the law when making an arrest.
Practical Interpretation
In practical terms, this section means that the police must have a valid reason and follow the correct procedure before making an arrest. This helps prevent wrongful arrests and ensures that the law is followed.
Core Legal Purpose
The core purpose of this section is to ensure that arrests are made in accordance with the law, preventing arbitrary or unjust arrests and upholding the rule of law.
Key Legal Elements
- •Arrest can only be made in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita or any other law providing for arrest.
- •The police or authorities must follow the correct procedure when making an arrest.
- •The law must provide for arrest as a valid reason for making an arrest.
- •This section does not provide for any exceptions or limitations on when an arrest can be made.
Practical Example
Practical Example of Section 62 BNSS
Rajesh, a police officer, is investigating a crime and wants to arrest the suspect, Priya. Before making the arrest, Rajesh must ensure that he has followed the correct procedure and that the law allows for the arrest. If Rajesh has a valid reason and follows the procedure, he can make the arrest in accordance with the law. However, if he does not follow the procedure or does not have a valid reason, the arrest may be considered wrongful and could be challenged in court.
Common Questions (FAQ)
Frequently Asked Questions about Section 62 BNSS
Q: What is the punishment or consequence under Section 62 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the conditions under which an arrest can be made.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision that applies to all individuals and entities subject to the law.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable, as it is a procedural provision and not a penal provision.
People Also Ask (PAA)
Common Questions about Section 62 BNSS
What is Section 62 of BNSS?
Section 62 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest to be made strictly according to Sanhita". In plain terms: This section says that no arrest can be made unless it follows the rules of the Bharatiya Nagarik Suraksha Sanhita or any other law that allows arrest. This means that the police or authorities must follow the law when making an arrest.
What is the punishment under Section 62 of BNSS?
Section 62 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 62 of BNSS bailable or non-bailable?
Whether Section 62 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 62 of BNSS?
The essential elements of Section 62 of BNSS are: Arrest can only be made in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita or any other law providing for arrest.; The police or authorities must follow the correct procedure when making an arrest.; The law must provide for arrest as a valid reason for making an arrest..
Landmark Case Laws
Landmark Judgments under Section 62 BNSS
Patnahcucisdb94 High Court (10 8)
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