BNSS : Power of Police , Arrests Made Easy

S.172. (1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.

(2) A police officer may detain or remove any person resisting, refusing, ignoring or

disregarding to conform to any direction given by him under sub-section (1) and may either

take such person before a Magistrate or, in petty cases, release him as soon as possible

within a period of twenty-four hours.

S.43. (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.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade

the arrest, such police officer or other person may use all means necessary to effect the

arrest.

(3) The police officer may, keeping in view the nature and gravity of the offence,

use handcuff while making the arrest of a person or while producing such person

before the court who is a habitual or repeat offender, or who escaped from custody, or

who has committed offence of organised crime, terrorist act, drug related crime, or

illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of

coins and currency-notes, human trafficking, sexual offence against children, or offence

against the State.

(4) Nothing in this section gives a right to cause the death of a person who is not

accused of an offence punishable with death or with imprisonment for life.

(5) Save in exceptional circumstances, no woman shall be arrested after sunset and

before sunrise, and where such exceptional circumstances exist, the woman police officer

shall, by making a written report, obtain the prior permission of the Magistrate of the

first class within whose local jurisdiction the offence is committed or the arrest is to be

made.

S.173.Information in cognizable cases

(1) Every information relating to the commission of a cognizable offence,

irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—

(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced

to writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it,and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence

under section 64, section 65, section 66, section 67, section 68, section 69, section 70,

section 71, section 74, section 75, section 76, section 77, section 78, section 79 or

section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or

attempted, then such information shall be recorded, by a woman police officer or any

woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 64,

section 65, section 66, section 67, section 68, section 69, section 70, section 71,

section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of

the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is

temporarily or permanently mentally or physically disabled, then such information

shall be recorded by a police officer, at the residence of the person seeking to report

such offence or at a convenient place of such person's choice, in the presence of an

interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith,

free of cost, to the informant or the victim.

(3) Without prejudice to the provisions contained in section 175, on receipt of

information relating to the commission of any cognizable offence, which is made punishable

for three years or more but less than seven years, the officer in charge of the police station

may with the prior permission from an officer not below the rank of Deputy Superintendent

of Police, considering the nature and gravity of the offence,—

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

(4) Any person aggrieved by a refusal on the part of an officer in charge of a police

station to record the information referred to in sub-section (1), may send the substance of

such information,

in writing and by post, to the Superintendent of Police concerned who,

if satisfied that such information discloses the commission of a cognizable offence, shall

either investigate the case himself or direct an investigation to be made by any police officer

subordinate to him, in the manner provided by this Sanhita, and such officer shall have all

the powers of an officer in charge of the police station in relation to that offence failing

which such aggrieved person may make an application to the Magistrate.

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