Procedure of arrest and duties of officer making arrest
Chapter 5: Arrest of persons
Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 35When police may arrest without warrantCrPC 41, 41A
- 37Designated police officer
- 38Right of arrested person to meet an advocate of his choice during interrogation
- 39Arrest on refusal to give name and residenceCrPC 42
- 40Arrest by private person and procedure on such arrestCrPC 43
- 41Arrest by MagistrateCrPC 44