Question
Consider the following statements regarding the arrest
procedure under Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: The police officer making the arrest must prepare a memorandum of arrest containing the name of the accused, ground for arrest, and date/time. Statement 2: The memorandum of arrest must be signed by two independent persons as witnesses to the arrest. Statement 3: The arrested person must be permitted to check the correctness of the arrest memorandum. Statement 4: The memorandum of arrest must be forwarded to the officer in charge of the police station immediately. Which statements are correct?Solution
Section 36 of BNSS, 2023 requires that a memorandum of arrest be prepared containing the name of the accused, the ground for arrest, the date, hour, and place of arrest. Statement 1 is correct. The memorandum must be signed by the officer making the arrest and by another person present at the arrest (not necessarily two independent witnesses, but at least one other person). Statement 2 is partially correct but overstates the requirement. Statement 3 is correct—the arrested person must be allowed to check the accuracy. Statement 4 is correct—it must be forwarded immediately to the officer in charge. Statements 1, 3, and 4 are clearly correct; Statement 2 is imprecise regarding "two independent persons".
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