Section 36. Procedure of arrest and duties of officer making arrest
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Act
The Bharatiya Nagarik Suraksha Sanhita, 2023
Section number
36
Section reader
The Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Section 36: How to Make an Arrest
When making an arrest, a police officer must:
Clearly show their name badge: The officer’s name should be visible and easy to read.
Make a written record of the arrest: This record (arrest memo) should be:
Signed by a witness, who can be a family member of the person being arrested or someone respected in the community.
Signed by the person being arrested.
Tell the person their rights: The person being arrested has the right to tell someone about their arrest. This should be done unless a family member has already signed as a witness.
