Question
Which section of the BNSS, 2023 deals with the power of
the police to arrest without warrant?ÂSolution
Section 35 of the BNSS deals with arrest without warrant by a police officer. The provision is similar to Section 41 of the CrPC, but introduces stricter conditions and guidelines, especially for arrest in cases punishable with imprisonment of less than seven years. The officer must record reasons for arrest or non-arrest in writing. This aligns with the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, aiming to reduce unnecessary arrests.
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