Introduction of BNSS Section 35
BNSS Section 35 deals with the powers of police officers to arrest a person without seeking prior permission from a magistrate or a warrant. This section outlines the conditions and safeguards under which such arrest can be carried out. It helps ensure a balance between law enforcement and individual liberty.
What is BNSS Section 35 ?
BNSS Section 35 outlines the conditions under which a police officer can arrest someone without a warrant. It defines when the police have the legal right to arrest a person based on a cognizable offense, reasonable suspicion, or credible information. This section also includes provisions on the procedures to follow when an arrest is not necessary, such as issuing a notice for a person to appear before the police. It ensures that arrests are made for valid reasons and in a lawful manner, safeguarding individual rights.
BNSS Section of 35 in Simple Points
1. Arrest for Serious Crime in Front of Police
If a person commits a serious (cognizable) crime in the presence of a police officer, they can be arrested immediately without needing permission from a court. These crimes include theft, murder, and assault. The officer must witness the act directly. It allows quick police action. There is no need to delay or wait for a magistrate. This helps in preventing the criminal from escaping. The process supports justice and public safety. Such power must be used responsibly.
2. Arrest Based on Reasonable Suspicion or Complaint
If someone is suspected of a serious crime (punishable up to 7 years), the police can arrest them without a warrant. This is allowed only if the police think arrest is necessary. The reason must be written and justified. For example, if the person may destroy evidence or run away. The complaint or information should be believable. The officer must follow the law carefully. This prevents misuse of police power.
3. Arrest for Very Serious Crimes (Above 7 Years or Death)
When the suspected crime has punishment of more than 7 years or the death penalty, the police can arrest without any additional conditions. In these cases, even credible information is enough. For example, crimes like rape or terrorism fall in this category. The officer does not need to prove urgency. But the officer must still act fairly. This ensures that dangerous criminals are not free. The law gives strong power with responsibility.
4. Arrest if Person May Hide, Run or Harm Case
Police can arrest someone if they think the person may hide, run away, or affect the investigation. This includes trying to scare witnesses or destroy proof. The officer must believe this is likely. They must write down the reasons. This keeps the case safe and strong. It ensures court justice is not affected. Police use this when a notice is not enough. This power stops interference in the legal process.
5. Arrest for Not Following Police Notice
If police give someone a notice to appear (instead of arresting), and the person does not follow it, then they can be arrested. This applies when the person refuses to come or hides. It also applies when someone cannot be identified. The goal is to make sure people follow the legal system. If they ignore or disobey, arrest becomes necessary. It shows respect for the law. Police action becomes justified.
Section 35 of BNSS Overview
BNSS Section 35 provides guidelines for police officers to arrest individuals without a warrant in specific circumstances. It includes situations where an offense is committed in the presence of a police officer, when there is reasonable suspicion or credible information about the commission of an offense, or when a person obstructs police officers while executing their duties. The section also explains when the police must issue a notice instead of making an immediate arrest, ensuring that the process is fair and follows legal procedures.
10 Key Points of BNSS Section 35 Explained in Detail
- Arrest without Warrant for Cognizable Offenses (Section 35(1)(a))
- Police officers can arrest any person without a warrant if the person commits a cognizable offense in the officer’s presence. A cognizable offense is one where the police can make an arrest without needing a Magistrate’s order. For example, if a person is seen committing theft or assault, the police officer can arrest them immediately, ensuring quick action against serious crimes.
- Reasonable Complaint or Suspicion for Arrest (Section 35(1)(b))
- A police officer can arrest someone if there is a reasonable complaint or credible information suggesting they have committed a cognizable offense punishable with up to seven years of imprisonment or a fine. The officer must have reason to believe the person is involved in the crime, such as credible eyewitness testimony or physical evidence that links the person to the offense.
- Preventing Further Crimes (Section 35(1)(b)(i))
- If the police believe that the person is likely to commit further offenses, they can arrest them without a warrant. This provision helps to prevent a person from continuing their criminal activities. For instance, if a person is known to have committed multiple burglaries, they may be arrested to stop any future thefts.
- Ensuring Proper Investigation (Section 35(1)(b)(ii))
- Arresting a person may be necessary to facilitate the proper investigation of the crime. If the person is not arrested, they might interfere with the investigation or avoid cooperating with the police. In cases like this, arresting the person ensures that the investigation proceeds smoothly and witnesses or evidence are not tampered with.
- Preventing Evidence Tampering (Section 35(1)(b)(iii))
- The police can arrest someone if they believe the person may destroy or tamper with evidence related to the crime. For example, if a person is suspected of committing fraud and is seen disposing of documents that could serve as evidence, the police have the authority to arrest them to prevent the destruction of crucial evidence.
- Preventing Threats or Bribery (Section 35(1)(b)(iv))
- Police can arrest a person if they believe the individual may try to influence witnesses or victims through threats, promises, or bribery. This provision ensures that those involved in a crime do not intimidate or manipulate people who could provide important information to the police or the court.
- Ensuring Presence in Court (Section 35(1)(b)(v))
- An arrest can be made if the police officer believes that the person will not appear in court when required. If a person is likely to evade the legal process by not showing up in court, the police can arrest them to ensure their appearance for trial.
- Arrest for Proclaimed Offenders (Section 35(1)(d))
- Police can arrest individuals who have been proclaimed offenders by the court or government. A proclaimed offender is someone who has been declared a fugitive for failing to appear in court or for evading arrest. This section gives police the authority to arrest such offenders on sight, ensuring they face the law.
- Arrest for Stolen Property (Section 35(1)(e))
- If someone is found in possession of stolen property, the police can arrest them without a warrant. For example, if a person is caught selling goods that are clearly stolen, the police can arrest them on the spot to prevent further illegal activities and ensure justice for the victims.
- Arrest for Obstruction or Escape (Section 35(1)(f))
- If a person obstructs a police officer in their duty or tries to escape from lawful custody, the police have the right to arrest them. This provision ensures that the police can maintain control over the situation and prevent criminals from evading justice. It helps to uphold the authority of law enforcement.
Examples:
Example 1:
Ravi is caught by a police officer while robbing a shop. Since robbery is a cognizable offence and happened in the officer’s presence, he is arrested immediately without a warrant.
Example 2:
Aman is accused of fraud based on a credible complaint. The police believe he may destroy documents related to the case. So, they arrest him without a warrant under Section 35(1)(b).
Section 35 of BNSS Short Information
| Clause | Provision |
|---|---|
| Subsection (1)(a) | Arrest if cognizable offence committed in presence of police |
| Subsection (1)(b) | Arrest on reasonable complaint/information for offences ≤ 7 years (with conditions) |
| Subsection (1)(c) | Arrest for offences > 7 years or death penalty (on credible info) |
| Subsection (2) | No arrest in non-cognizable cases without Magistrate’s order |
| Subsection (3) | Issue of notice instead of arrest if not required under subsection (1) |
| Subsection (4) | Person must follow notice |
| Subsection (5) | Arrest only if person fails to comply with notice |
| Subsection (6) | Arrest allowed if person fails to identify or violates notice terms |
| Subsection (7) | Special permission required if the person is infirm or aged above 60 & offence < 3 years |
BNSS Section 35 FAQs
BNSS 35
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