Bharatiya Nagarik Suraksha Sanhita
BNSS 43 was CrPC 46(1), 46(2), 46(3) and 46(4).
Arrest how made. · The NCRB table marks it as changed. Compare the wording below. 43(3) is new.
Modified
Old wording kept in full
Old · CrPC 1973 · Ch. V
s. 46(1)of section 46
Arrest how made
(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:
1[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.]
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 43(1)of section 43
Arrest how made.
(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.
Text from India Code