Question
As per Section 36(2)-(3) of the BNSS, 2023, what are the
mandatory requirements for preparing the memorandum of arrest?Solution
Section 36(2) provides: "the officer shall prepare a memorandum of arrest at the time of arrest and the same shall be attested by a witness...preferably a family member of the person arrested or, if family member is not available, by a respectable resident of the locality." Section 36(3) states: "the memorandum shall...be countersigned by the person arrested and shall also contain the date, time and place of arrest, grounds for arrest and details of recoveries, if any, made." This dual-signature requirement (witness + arrested person) ensures transparent, verifiable arrest procedures.
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