Procedure of arrest and duties of officer making arrest.
What this section does
Every police officer making an arrest must bear a clear and visible name identification, prepare a memorandum of arrest attested by at least one witness (a family member or a respectable local person) and countersigned by the arrested person, and inform the arrested person of their right to have a relative, friend, or named person informed of the arrest (unless the memorandum is attested by a family member).
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Police officer · Arrested person · Witness (family member or respectable local person)
- Time limit
- None specified
Derived from CrPC s.41B.
Read the official text
For the binding statutory text of BNSS Section 36, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 36 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.