Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 36

BNSS 36: earlier CrPC 41B

Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 41B of the Code of Criminal Procedure, 1973. BNSS 36 deals with procedure of arrest and duties of officer making arrest. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 36 was CrPC 41B.

Procedure of arrest and duties of officer making arrest.

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. V
s. 41B
Procedure of arrest and duties of officer making arrest
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 named by him to be informed of his arrest.
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 36
Procedure of arrest and duties of officer making arrest.
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.
Text from India Code

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