BNSS §36
Procedure of arrest and duties of arrest. Designated police officer.
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Comparison
41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making an arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
36. Every police officer while making an arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.
What changedAI-inferred
Procedure of arrest and duties of officer making arrest.
Old position
CrPC 41B is concerned with Procedure of arrest and duties of officer making arrest. Procedure of arrest and duties of officer making arrest
New position
BNSS 36 preserves the framework with drafting modernisations as required by the new code. Topic: Procedure of arrest and duties of arrest. Designated police officer.. Every police officer while making an arrest shall
BNSS 36 (Procedure of arrest and duties of arrest. Designated police officer.) preserves the framework of CrPC 41B. BNSS 36 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 36 text: Every police...
Editorial deltaAI-indicated (source-linked)
BNSS 36 (Procedure of arrest and duties of arrest. Designated police officer.) preserves the framework of CrPC 41B. BNSS 36 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 36 text: Every police officer while making an arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 41B continues to apply. For matters from that date forward, BNSS 36 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 36 (Procedure of arrest and duties of arrest. Designated police officer.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §41B → BNSS §36 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/36.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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