Section 36 BNSS: Procedure of arrest and duties of officer making arrest

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 36 BNSS at a Glance

Section 36 BNSS deals with procedure of arrest and duties of officer making arrest. It replaced Section 41B CrPC on 1 July 2024.

Was CrPC

Section 41B →

Section 36 BNSS Bare Act Text

36. Procedure of arrest and duties of officer making arrest
Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.

Source: Section 36, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 36 BNSS in Simple Words

Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out mandatory duties that every police officer must follow while making an arrest. Section 36 BNSS ensures that the arresting officer can be easily identified through an accurate, visible, and clear name identification.

The officer must also prepare a memorandum of arrest countersigned by the arrested person and attested by at least one witness who is a family member or a respectable member of the locality where the arrest is made. Unless a family member attests that memorandum, the officer must inform the arrested person of the right to have a relative, a friend, or any other person named by him notified of the arrest.

When Section 36 BNSS Applies

Every police officer carrying out an arrest shall display an accurate, visible, and clear name identification so that the officer can be easily identified under Section 36(a) BNSS.
While making an arrest, the police officer shall prepare an arrest memorandum attested by at least one witness from the family of the arrested person or a respectable member of the locality where the arrest takes place under Section 36(b)(i) BNSS.
The police officer making the arrest shall ensure that the memorandum of arrest is countersigned by the person who is arrested under Section 36(b)(ii) BNSS.
When the arrest memorandum is not attested by a family member of the arrested person, the arresting police officer shall inform the arrested person of the right to have a relative, a friend, or any other person named by him notified of the arrest under Section 36(c) BNSS.

Example of Section 36 BNSS

Police officer Arjun arrests Rohan in a locality where no family member of Rohan is present. Under Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Arjun bears an accurate, visible, and clear name identification while making the arrest. Under Section 36(b) BNSS, Arjun prepares a memorandum of arrest, gets it attested by Kavita, a respectable member of the locality where the arrest is made, and has Rohan countersign it. Because the memorandum is not attested by a family member of Rohan, Section 36(c) BNSS requires Arjun to inform Rohan of his right to have a relative, a friend, or any other person named by him informed of his arrest.

When Section 36 BNSS Does Not Apply

Section 36 BNSS does not apply when a police officer is not making an arrest, or when an action is taken by someone who is not a police officer.
The duty under Section 36(c) BNSS to inform the arrested person of the right to have a relative, a friend, or any other named person notified of the arrest does not apply when the memorandum of arrest is attested by a family member of the arrested person.
Under Section 36(b)(i) BNSS, a person cannot serve as the attesting witness on the memorandum of arrest if that person is neither a family member of the arrested person nor a respectable member of the locality where the arrest is made.

Section 36 BNSS in the CrPC (Previous Law)

Section 36 BNSS replaces Section 41B CrPC from the old criminal code.

Section 41B of the Code of Criminal Procedure, 1973 became Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The renumbering from Section 41B CrPC to Section 36 BNSS is a change of form. The duties under Section 36(a) BNSS and Section 36(b) BNSS to bear an accurate, visible, and clear name identification and to prepare an attested and countersigned memorandum of arrest are unchanged. The only substantive change is in Section 36(c) BNSS, which expands the right of the arrested person to have a relative, a friend, or any other person named by him informed of the arrest.

View CrPC Section 41B →

FAQs on Section 36 BNSS

What identification must a police officer bear while making an arrest under Section 36 BNSS?▼

Every police officer making an arrest must bear an accurate, visible, and clear identification of his name under Section 36(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 36(a) BNSS requires this name identification so that it will facilitate easy identification of the police officer making the arrest. This requirement is a mandatory duty for every police officer while making an arrest under the Sanhita.

How must the memorandum of arrest be prepared and signed under Section 36 BNSS?▼

A police officer making an arrest must prepare a memorandum of arrest under Section 36(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 36(b)(i) BNSS, the memorandum shall be attested by at least one witness who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. Under Section 36(b)(ii) BNSS, the memorandum shall also be countersigned by the person arrested.

Who can an arrested person name to be informed of the arrest under Section 36 BNSS?▼

Under Section 36(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the arrested person has a right to have a relative, a friend, or any other person named by him informed of the arrest. The arresting police officer must inform the arrested person of this right under Section 36(c) BNSS unless the memorandum of arrest is attested by a member of the family of the arrested person.

What changed in Section 36 BNSS compared to the earlier law from 1 July 2024?▼

From 1 July 2024, Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 41B of the Code of Criminal Procedure, 1973. The duties to bear an accurate, visible, and clear name identification and to prepare an attested and countersigned memorandum of arrest remain unchanged. Under Section 36(c) BNSS, the right of the arrested person when no family member attests the memorandum was widened to include any other person named by him, in addition to a relative or a friend.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·