Section 35: When Police may Arrest Without Warrant
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a legal framework by which police officials are empowered to arrest any individual without a warrant or the advance permission of a magistrate. The section is relevant in that it provides for clear-cut circumstances under which law enforcement authorities can act on their own to address serious criminal acts.
One can arrest somebody who commits cognizable offence while in the policeman's presence. Cognizable offenses are recognized serious crimes and include murder or rape or something like theft of property. Thus, a legal authority is well within their authority to make arrest without any issue of warrant required or shown.
A police officer can further arrest an individual based on a reasonable complaint or credible information showing that the person has committed a cognizable offense punishable with
imprisonment for a term of up to seven years. This section empowers the police to undertake pre-emptive actions against potential crime or to prevent the destruction of evidence, not even having directly seen the offense.
Individuals who have been officially declared as proclaimed offenders, either under the BNSS or through state government orders, may be arrested without a warrant. This provision addresses individuals who intentionally evade law enforcement despite formal charges or a court’s order for their arrest.
The police have the authority to arrest an individual who is found in possession of property that is reasonably suspected to be stolen, but only if there is reasonable suspicion that the individual committed an offense in connection with that property. This means that law enforcement can take immediate action to prevent further criminal activity and protect public interests.
Important points:
• Cognizable offenses are severe crimes like assault, theft, or property robbery, and any other grievous harm for which the police are authorized to arrest without a warrant. On the other hand, non-cognizable offenses are minor in nature and warrant the arrest only upon a warrant. For instance, minor assaults, defamation, or other crimes that do not cause significant grievous harm or immediate threat are considered non-cognizable offenses.
• The BNSS amalgamates various provisions dealing with criminal procedure in India. One of its primary objectives is to streamline law enforcement practices, particularly in matters related to arrests without warrants. Section 35 is part of broader legislative reforms aimed at enhancing police effectiveness while maintaining a balance with individual rights and protections.
Provision of Section 35 grant vast discretionary powers to police officers who are allowed to act promptly and respond to the criminal offense at hand. It can be essential in preventing further harm, ensuring the preservation of evidence, and safeguarding public safety. Yet, with this great power lies a corresponding need for greater protection measures against the misuse of authority by law enforcement. Proper oversight measures will guarantee the fact that just such arrests are conducted lawfully, respecting rights at every turn of such action.
It outlines in great detail when a police officer can arrest without a warrant. It highlights the urgency of action taken in cases where serious crimes have been committed or circumstances are likely to cause public danger or affect the integrity of investigations.
This explanation is intended to mirror the fundamental legal principles of Section 35 and, in turn, to outline when and how police officers are entitled to arrest without a warrant, as well as the more general implications that such powers hold within the law.
