Introduction to Section 43 of BNSS
Section 43 of BNSS Arrest Procedure, Handcuff Rules & Night Arrests of Women describes the correct and lawful method of arrest by police officers or authorized persons. This section explains how physical contact, verbal submission, force, handcuffs, and treatment of women should be handled during an arrest. It ensures that people’s rights are respected while giving authority to the police to arrest when necessary. This law especially protects women, ensures arrests are made without abuse, and allows force only when someone resists or is dangerous. It promotes fair, respectful, and legal arrests across India.
What is BNSS Section 43 ?
BNSS Section 43 explains how an arrest should be carried out. It tells that the arresting officer must either touch the person or get their verbal agreement. It gives special protection to women, allows reasonable force in case of resistance, and handcuffs for dangerous or repeat offenders. It also says women should not be arrested at night without permission from a magistrate. This law keeps a balance between police powers and individual rights.
BNSS Section of 43 in Simple Points
1. How Arrest Is Physically Made
According to BNSS Section 43(1), when a police officer or any authorized person makes an arrest, they must either touch or hold the person physically to arrest them. But if the person agrees to go with the police without resistance—either by saying so or showing it through their actions—then physical contact is not needed.
2. Special Procedure for Arresting Women
If the person being arrested is a woman, then just telling her she is under arrest is enough, and the law assumes she has submitted, unless there is some clear reason to believe otherwise. Also, a male police officer should not touch a woman unless absolutely necessary or unless the officer is female. This rule protects the dignity and privacy of women.
3. Use of Force and Handcuffs
If someone tries to resist arrest or run away, the police can use all necessary force to arrest them. Handcuffs can be used depending on how serious the crime is—especially for habitual offenders, terrorists, or people involved in crimes like rape, murder, acid attacks, drug trafficking, or crimes against children or the State. This is to ensure public safety and prevent escape.
4. No Right to Kill During Arrest (Except in Certain Cases)
The law is very clear that police do not have the right to kill someone while arresting them unless the person is accused of a crime punishable by death or life imprisonment. This ensures that even forceful arrests are made lawfully and without unnecessary harm.
5. Rules for Arresting Women at Night
Generally, no woman should be arrested between sunset and sunrise. But if it’s absolutely necessary (exceptional case), a female police officer must write a report and get permission from a Magistrate before making the arrest. This provision safeguards women from possible misuse or harassment during night hours.
Section 43 of BNSS Overview
BNSS Section 43 tells us how a legal arrest must be carried out by police or an authorized person. It explains the correct method, including touching the body or verbal consent, use of reasonable force, when to use handcuffs, and special rules for arresting women. It ensures that arrests are made in a lawful, respectful, and controlled manner, without unnecessary force or abuse. This section protects the rights of the accused while allowing the police to perform their duties effectively.
10 Key Points – BNSS 43
1. Physical Contact or Verbal Submission is Required
To arrest someone, the police must either physically touch the person or confine them, unless the person agrees to go peacefully. If the accused surrenders by words or action, touching is not needed. This helps prevent confusion during the arrest. It shows that a clear act of arrest is necessary to make it legal. The law makes sure that force is not used unnecessarily if the person is cooperative.
2. Special Rule for Arresting Women
When arresting a woman, the law says that she is assumed to surrender when the officer tells her she is under arrest. Unless necessary or if the officer is a woman, a male officer should not touch her. This protects women’s dignity and privacy during arrest. It also stops any kind of misbehavior or abuse by male officers. Respect and safety for women is a major focus of this rule.
3. Use of Force is Allowed When Resisted
If the person resists arrest or tries to escape, the officer can use necessary force to arrest them. But the force must be reasonable, not violent or excessive. It is only allowed when the person does not cooperate. This ensures the safety of officers and the public. It also avoids delays in justice while making sure the rights of the accused are not violated.
4. Handcuffs Allowed for Serious Offenders
Police can use handcuffs only for dangerous crimes like murder, rape, drug trafficking, terrorism, or if the person has escaped custody or is a repeat offender. The handcuffs help in controlling high-risk criminals and prevent them from escaping again. This rule ensures handcuffs are not used casually or for humiliation, but only when absolutely needed for safety.
5. Women Cannot Be Arrested at Night
A woman cannot be arrested between sunset and sunrise unless it’s a very exceptional case. If it is urgent, the female police officer must get written permission from the Magistrate. This is to protect women from being harassed or troubled during the night. The law adds extra legal checks to ensure that women are treated respectfully and fairly at all times.
6. Only Female Officers Should Touch Women
If physical contact is needed while arresting a woman, it should be done only by a female police officer. This avoids any chance of misconduct or embarrassment. It also helps build trust between the public and the police. This rule is especially important in sensitive cases involving women, such as domestic violence, trafficking, or sexual crimes.
7. Arrest Must Be Proportionate to Crime
Police should act according to the severity of the crime. Small offences should not lead to handcuffs or force unless the person tries to escape. This keeps the arrest fair and not harsh. It protects people from being wrongly treated or humiliated for minor offences. The rule promotes balanced justice and avoids misuse of power.
8. No Death During Arrest for Minor Crimes
The police are not allowed to cause death of any person being arrested unless the crime is punishable by death or life imprisonment. This protects the right to life and ensures that force is not abused. Even when force is needed, it must be controlled and legal. This makes sure that arrest does not become an act of punishment before trial.
9. Arrests Should Be Respectful and Legal
This section ensures that arrest is a legal action, not harassment. It defines the correct process and avoids abuse of power. Officers are expected to follow these steps with care and responsibility. The person being arrested should be treated with respect and fairness, no matter what they are accused of. This builds public trust in the justice system.
10. Purpose of This Section – Balance Power and Rights
The main aim of BNSS 2143 is to balance the powers of arrest with individual rights. It provides detailed guidelines to police officers to avoid unnecessary violence, abuse, or disrespect during arrest. At the same time, it gives power to arrest dangerous people effectively. This section helps create a safe, respectful, and lawful arrest system in India.
Examples of BNSS Section 43
Example 1: A man accused of drug trafficking tries to escape arrest. Police catch him using necessary force and put handcuffs on him due to the seriousness of the crime.
Example 2: A female police officer informs a woman that she is under arrest during the day. The woman agrees to come along, so no physical contact is made.
Section 43 of BNSS Short Information
| Point | Explanation in Simple Words |
|---|---|
| 1. Physical Contact or Consent | The officer must either touch the person or get their verbal agreement to arrest them. |
| 2. Women’s Arrest Protocol | For women, arrest is assumed if she agrees orally; male officers should not touch her unless absolutely needed. |
| 3. Use of Force | If the person resists or runs away, reasonable force can be used to arrest them. |
| 4. Use of Handcuffs | Handcuffs can be used only for dangerous criminals like terrorists, rapists, repeat offenders, etc. |
| 5. No Death for Minor Offences | Police cannot cause death unless the crime is punishable with death or life imprisonment. |
| 6. Night Arrest Rule for Women | Women cannot be arrested after sunset or before sunrise unless a magistrate gives written permission. |
| 7. Only Female Officers Touch Women | If touching is necessary, only female officers should do it. |
| 8. Arrest Must Be Respectful | Arrest must follow legal steps and respect the dignity of the person. |
| 9. Arrest Based on Crime Level | Arrest actions should match the seriousness of the offence. |
| 10. Balance of Rights and Law | This section protects individual rights and ensures police powers are used properly. |
BNSS Section 43 FAQs
BNSS 43
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