Question
Under Section 35 of the BNSS, 2023, what conditions must
be satisfied for a police officer to arrest without warrant a person accused of a cognizable offence punishable with imprisonment of 3 to 7 years?Solution
Section 35(1) of the BNSS provides: "Any police officer may without an order from a Magistrate and without a warrant, arrest any person (c) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists...and is satisfied that such arrest is necessary...to prevent such person from committing any further offence; for proper investigation of the offence; to prevent such person from causing evidence to disappear or tampering with evidence; to prevent inducement/threat to witnesses; or to ensure court attendance." The statute requires dual satisfaction : (i) reason to believe commission; (ii) necessity for one of five grounds. Critically, "the police officer shall record while making such arrest, his reasons in writing .
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