Introduction to Section 36 of BNSS
Section 36 of BNSS gives a very important right to a person who has been arrested. It says that the arrested person has the right to meet with a lawyer during police questioning (interrogation). However, the lawyer is not allowed to be present the whole time, but can meet the person at regular intervals during the interrogation. This section helps protect the arrested person’s rights and ensures the police do not force any confession or statement. It is a way to maintain fairness and protect human rights during police investigations.
What is BNSS Section 36 ?
BNSS Section 36 explains the correct procedure a police officer must follow while arresting someone. It also mentions the duties and responsibilities of the officer during the arrest, like identification, preparing arrest documents, and informing the arrested person about their rights.
BNSS Section of 36 in Simple Points
1. Police Must Wear Clear Identification
When a police officer arrests someone, they must wear something that shows their name clearly and visibly. This helps the arrested person or others around to identify the officer easily. The identification should be accurate, so there is no confusion about who is making the arrest. This rule brings transparency to the arrest process. It also prevents misuse of police powers. If any issue arises later, the officer’s name can be easily found. This builds trust between police and the public. It is a basic duty under Section 1236.
2. Arrest Memo Must Be Prepared
The police officer must create a written document at the time of arrest called a memorandum of arrest. This memo is proof that the arrest took place and should include the time, place, and reason. It protects the rights of the arrested person. Without this memo, the arrest may be considered illegal or unclear. The memo acts as an official record. It is important for both legal safety and public accountability. This written memo makes the arrest lawful and transparent.
3. Witness Must Attest the Memo
The arrest memo must be signed by at least one witness. This witness should be either a family member of the person arrested or a respectable local person. This ensures that someone outside the police can confirm the arrest happened fairly. It gives independent support to the process. It protects the arrested person from false claims or mistreatment. The witness adds credibility to the police action. It also makes the whole process more trustworthy and safe for everyone involved.
4. Arrested Person Must Sign the Memo
The police must also get the signature of the arrested person on the arrest memo. This means the person knows that they are being arrested and agrees that the memo is correct. If the person refuses to sign, that fact must also be recorded. The signature acts as proof that the person was present and aware. This stops any later confusion or false claims. It’s a way to protect both the officer and the person arrested. It is an important step in a fair arrest procedure.
5. Right to Inform a Relative or Friend
If a family member is not present as a witness, then the police must inform the arrested person that they have the right to tell a friend, relative, or anyone else about the arrest. This right ensures that someone the person trusts knows about their situation. It protects them from being taken away secretly or wrongfully. Informing someone gives the arrested person support and safety. It is a basic human right during arrest. The police have a duty to respect this right immediately.
Section 36 of BNSS Overview
BNSS Section 36 gives an arrested person the right to meet their lawyer (advocate) during police interrogation. However, this meeting does not have to happen throughout the entire interrogation, only at certain intervals, as decided by the police or court.
10 Key Points – BNSS Section 36
1. Right to Legal Support
Every person who is arrested has the basic right to talk to a lawyer. This lawyer helps the person understand the law and protects their legal rights. BNSS Section 36 supports this right clearly. It ensures that the person is not left alone or confused while under questioning. The lawyer cannot always stay with them but can meet during breaks. This gives the arrested person confidence and clarity. It helps them avoid giving false or forced statements. It is a step to ensure fair justice.
2. Interrogation Means Police Questioning
Interrogation is the process where the police ask questions to the arrested person. It is usually done to collect information about the crime. BNSS Section 36 allows the arrested person to talk to their advocate during this process. However, the lawyer is not allowed to sit beside them all the time. The advocate can only meet them occasionally. This balances police investigation and legal support. It ensures the person is not mentally harassed. It also maintains a fair investigation.
3. Lawyer’s Presence is Limited
The advocate can meet the arrested person at intervals, but not be present during every question. This is to make sure the police can still do their job effectively. If the lawyer sits beside the person the whole time, it might affect the questioning. So, BNSS allows reasonable meetings only, not full-time presence. This limited access helps maintain the flow of the investigation. It avoids misuse of the lawyer’s presence. Still, it gives the arrested person some comfort and protection.
4. Protects Against Police Pressure
When a person is in police custody, there is always a fear of pressure or mistreatment. Section 36 helps reduce this fear. Knowing that they can talk to their lawyer, the person feels safer. It prevents the police from using unfair or forceful methods. The lawyer acts like a watchdog for fairness. This protection is important for human rights. It helps keep the police accountable. This is one of the main reasons why this section was added.
5. Not a Right for Full-Time Presence
This section does not say that the lawyer must stay with the person all the time. The arrested person can only meet the lawyer from time to time. This means there is no continuous support during interrogation. The law balances investigation needs with legal rights. The police can still work freely without constant interruption. At the same time, the person gets basic protection. This helps keep the process both fair and practical.
6. Helps in Understanding Legal Options
When a person is arrested, they may not know what to say or do. With a lawyer’s advice, they can understand their legal position, rights, and next steps. The advocate can guide them on whether to answer or remain silent. This is important because wrong answers can create big problems later. Section 36 gives this legal help without disturbing police work. It helps make sure the arrested person makes informed decisions. This support is very important for justice.
7. Advocate Cannot Influence Investigation
While lawyers are allowed to meet the person, they cannot interfere in the police investigation. They are there only to advise and support the arrested person. They cannot stop or disturb the police work. If they try to interfere, the police can report it to the court. This ensures that the process is not misused. Section 36 gives access to legal help, but also protects the importance of clean investigation. Balance is the key here.
8. Depends on Timing and Permission
The meeting between the lawyer and the arrested person is not automatic. It depends on timing, police procedure, or court directions. The lawyer may need to wait or get permission for a meeting. This ensures the meeting happens in a safe and controlled manner. The goal is not to disturb the investigation but to give legal comfort. Section 36 doesn’t stop police work, it just adds a protective step for fairness. Timing is managed carefully.
9. Supports Article 22 of Constitution
This section is connected to Article 22 of the Indian Constitution, which gives the right to consult a lawyer. BNSS Section 36 puts this rule into practice during interrogation. It makes sure that even when arrested, a person is not cut off from legal help. It gives value to basic legal protection in criminal law. The Constitution supports personal liberty, and this section helps protect it even during arrest. It’s a law that respects our fundamental rights.
10. Prevents Wrongful Confessions
Often, arrested persons may give false confessions due to fear or pressure. Meeting a lawyer helps prevent this mistake. The lawyer reminds them of their right to remain silent if needed. This ensures that whatever is said during interrogation is voluntary and truthful. It protects the person from being tricked or forced into accepting a crime they didn’t commit. Section 36 plays a big role in ensuring fair trial and justice. This leads to more reliable investigations.
Examples:
Example 1:
Ravi is arrested by the police from his home. The officer wears a name badge. A neighbour signs the arrest memo as a witness, and Ravi also signs it. Since no family member was present, the police ask Ravi if he wants someone to be informed. Ravi tells them to call his brother.
Example 2:
Neha is arrested for theft. The police officer prepares the arrest memo on the spot. Her mother is present and signs the memo. Neha also signs it. Since a family member has attested the memo, no need to inform another person.
Section 36 of BNSS Short Information
| BNSS 36 Clause | Provision / Duty of Police Officer |
|---|---|
| (a) | Police must wear visible and clear name tag during arrest |
| (b)(i) | Police must prepare a written arrest memo, attested by a family member or local witness |
| (b)(ii) | Memo must be signed (countersigned) by the arrested person |
| (c) | Arrested person must be informed of their right to tell a family member or friend if no family witness was present |
BNSS Section 36 FAQs
BNSS 36
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