Section 62: Arrest To Be Made Strictly According To Sanhita
Code:
No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.
Explanation:
This section of the BNSS lays down a fundamental principle governing arrests in India. It mandates that no arrest can be made unless it is expressly authorized by the provisions of the BNSS or any other relevant law currently in force.
This section emphasizes the importance of legal justification for arrests and aims to prevent arbitrary detention.
Illustration: Arrest To Be Made Strictly According To Sanhita
Imagine a scenario where a police officer wants to arrest someone for allegedly stealing a mobile phone. The officer can only make the arrest if there’s a valid legal basis, such as:
- An FIR (First Information Report) has been registered, and the officer has reasonable grounds to believe the individual is involved.
- The officer has obtained a warrant for the arrest from a Magistrate.
- The individual is caught red-handed committing the crime.
Without such legal justification, the arrest would be unlawful and the officer would be liable for violating the individual’s fundamental right to liberty.
Common Questions and Answers:
Q: Can a police officer arrest someone without a warrant?
A: Yes, but only in certain circumstances. These include:
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- When the individual is caught red-handed committing a cognizable offense.
- When there is a reasonable suspicion that the individual has committed a cognizable offense and is likely to abscond or tamper with evidence.
Q: What happens if an arrest is made without legal justification?
A: The individual can seek legal remedy and challenge the arrest. The court may order the release of the individual if the arrest is deemed unlawful.
Q: What are the rights of a person being arrested?
A: The person being arrested has the right to:
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- Be informed of the reason for arrest.
- Be informed of their right to remain silent.
- Be informed of their right to legal representation.
- Be produced before a Magistrate within 24 hours of arrest.
