Section 35 Bharatiya Nagarik Suraksha Sanhita
When police may arrest without warrant
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence;
(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which mayextend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer hasreason to believe on thebasis of such complaint,information, or suspicionthat such person hascommitted the saidoffence;
(ii) the police officer issatisfied that such arrestis necessary—
(a) to prevent such personfrom committing anyfurther offence; or
(b) for properinvestigation of theoffence; or
(c) to prevent such personfrom causing theevidence of the offence todisappear or tamperingwith such evidence in anymanner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such personis arrested, his presencein the Court wheneverrequired cannot beensured,
and the police officer shallrecord while making sucharrest, his reasons inwriting:
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest;
(c) against whom credibleinformation has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to morethan seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed thesaid offence;
(d) who has beenproclaimed as an offendereither under this Sanhitaor by order of the StateGovernment; or
(e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(f) who obstructs a policeofficer while in theexecution of his duty, orwho has escaped, orattempts to escape, fromlawful custody; or
(g) who is reasonablysuspected of being adeserter from any of theArmed Forces of theUnion; or
(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, underany law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(i) who, being a releasedconvict, commits a breachof any rule made undersub-section (5) of section394; or
(j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to bearrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence oragainst whom a complainthas been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(3) The police officer shall,in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(4) Where such a notice isissued to any person, itshall be the duty of thatperson to comply with theterms of the notice.
(5) Where such person complies and continues tocomply with the notice, heshall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(6) Where such person, atany time, fails to comply with the terms of the notice or is unwilling to identify himself, the policeofficer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.
(7) No arrest shall be made without prior permission of the officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for less than three years and such person is infirm or is above sixty years of age.
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Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS):
Section 30 to Section 40 of BNSS (Provisions relating to Arrest starting from Section 35):
Section 144-163 (Section 144,145,146 and 147 relate maintenance proceedings):
Section 173-Section 187 (including section 173 relating to FIR):
Section 188 to Section 209 (including section 193 relating to chargesheet/police report):
Section 210 to Section 222 (including provisions relating to cognizance):
Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):
Section 35 BNSS| Section 35 Bharatiya Nagarik Suraksha Sanhita |Bare Act| Arrest without warrant
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