Question
Under Section 36 of the BNSS, 2023, which of the
following is NOT a mandatory requirement for a police officer while making an arrest?Solution
Explanation: Section 36(c) of the BNSS mandates that the police officer must inform the person arrested of their right to have a relative or friend informed of the arrest, but does NOT require written confirmation of charges within 6 hours. The three mandatory requirements under Section 36 are: (i) bearing visible identification (Section 36(a)); (ii) preparing a memorandum of arrest attested by a witness from the family or a respectable local resident (Section 36(b)(i)); and (iii) obtaining the counter-signature of the arrested person (Section 36(b)(ii)). Written confirmation of charges is governed by different procedural requirements, not by Section 36.
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