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Section 43 BNSS| Section 43 of Bharatiya Nagarik Suraksha Sanhita|Bare Act| Arrest how made BNSS

Section 43 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Arrest how made.


(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:


Provided that where a woman is to be arrested, unless the circumstances indicate to

the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest, and give the information regarding such arrest and place where she is being held to any of her relatives, friends or such other persons as may be disclosed or mentioned by her for the purpose of giving such information.


(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.


(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while effecting the arrest of a person who is a habitual, repeat offender who escaped from custody, who has committed offence of organised crime, offence of terrorist

act, drug related crime, or offence of illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offences against children, offences against the State, including acts endangering sovereignty, unity and integrity of India or economic offences.


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(4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.


(5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.


Section 43 BNSS| Section 43 of Bharatiya Nagarik Suraksha Sanhita|Bare Act| Arrest how made|New CRPC


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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 (Relating to Cognisance):



Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):



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