LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
February 23, 2025 at 03:16 PM
Procedures of arrest or rights of arrested person Arrest of infirm or aged persons: Now, for offences punishable with imprisonment of less than 3 years, police cannot arrest a person who is infirm or above 60 years of age without obtaining the prior permission of an officer not below the rank of a DSP (Section. 35(7), BNSS). Information of arrest: Under the CrPC, the person arrested was entitled to name a friend or relative who must be informed by the police of the arrest, unless the arrest memo was attested by a family member as a witness (S.41-B, CrPC). The BNSS now provides that the person arrested can name ‘any’ person (and not necessarily a friend or relative) to be informed of his arrest (S.36, BNSS). Designated police officer: Under the CrPC, the State Government was required to establish control rooms at district and State level for information on arrested persons (S. 41-C, CrPC). Under the BNSS, in addition to such control rooms, State Governments are required to designate a police officer in every district and police station for maintaining information about persons arrested and their offences. This information is required to be displayed prominently (including in digital mode) in every district headquarter and police station (S.37, BNSS). Handcuffs: BNSS allows a police officer to use handcuffs while arresting a person or producing him before court if he is a habitual offender, or has escaped from custody, or has committed certain specified grave offence (e.g., murder, rape, terrorist act, etc.) (S. 43(3), BNSS). Medical Practitioner: Under the CrPC (S.53), only a police officer not below the rank of sub-inspector could have requested for a medical examination of the accused. Now, any police officer can request for such examination (S. 51, BNSS). It is also now mandatory for the medical practitioner to forward the examination report to the investigating officer without any delay (S. 51(3), BNSS), which was not expressly set out in the CrPC. Timeline for production before Magistrate upon arrest: Under the CrPC, a police officer who arrests a person without warrant is required to produce him before the ‘Magistrate having jurisdiction in the case’ within 24 hours and cannot detain him in custody for more than 24 hours without the Magistrate’s order. This period of 24 hours is exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. However, while the police may endeavour to produce the arrested person before the jurisdictional Magistrate, the police are also permitted to produce the arrested person before the nearest Magistrate (who need not be the jurisdictional Magistrate) to meet the 24 hours timeline. BNSS has now expressly clarified (in S.58) that the 24 hours will be exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court ‘whether having jurisdiction or not’.
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