Section 43 BNSS: Arrest how made
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 43 BNSS at a Glance
Section 43 BNSS deals with arrest how made. It replaced Section 46 CrPC on 1 July 2024.
Section 43 BNSS Bare Act Text
(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.
(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 making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
(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 Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
Source: Section 43, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 43 BNSS in Simple Words
Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with how an arrest is made. Under Section 43(1) BNSS, the police officer or other person making an arrest shall actually touch or confine the body of the person to be arrested. That is so unless there is a submission to the custody by word or action. The proviso covers the arrest of a woman. Unless the circumstances indicate to the contrary, the woman is presumed to submit to custody on an oral intimation of arrest. The police officer shall not touch the woman to make the arrest, unless the circumstances otherwise require or unless the police officer is a female.
Under Section 43(2) BNSS, suppose the person to be arrested forcibly resists the endeavour to arrest, or attempts to evade the arrest. The police officer or other person making the arrest may then use all means necessary to effect the arrest. Under Section 43(3) BNSS, the police officer may use handcuff while making the arrest of a person, or while producing the person before the court, keeping in view the nature and gravity of the offence. This applies to a person who escaped from custody or is a habitual or repeat offender. It also applies to a person who has committed illegal possession of arms and ammunition, drug related crime, terrorist act, or offence of organised crime. It further applies to a person who has committed offence against the State, sexual offence against children, human trafficking, counterfeiting of coins and currency-notes, acid attack, rape, or murder.
Under Section 43(4) BNSS, Section 43 BNSS gives no right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. Under Section 43(5) BNSS, no woman shall be arrested after sunset and before sunrise, save in exceptional circumstances. If such circumstances exist, the woman police officer shall obtain the prior permission, by making a written report, of the Magistrate of the first class. That Magistrate is the one within whose local jurisdiction the offence is committed or the arrest is to be made.
When Section 43 BNSS Applies
- A police officer or other person making an arrest under Section 43(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall actually touch or confine the body of the person to be arrested, unless there is a submission to custody by word or action.
- A proviso to Section 43(1) BNSS relaxes the touching requirement where a woman is to be arrested by presuming her submission to custody on an oral intimation of arrest unless circumstances indicate to the contrary, and a police officer shall not touch her person unless the officer is a female or the circumstances otherwise require.
- If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the police officer or other person making the arrest under Section 43(2) BNSS may use all means necessary to effect the arrest.
- Keeping in view the nature and gravity of the offence, a police officer under Section 43(3) BNSS may use handcuffs while making the arrest of a person or while producing such person before the court if the person is a habitual or repeat offender, escaped from custody, or committed an offence of organised crime, terrorist act, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
- Even where force is used, Section 43(4) BNSS gives no right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
- Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise under Section 43(5) BNSS, and where such exceptional circumstances exist, the woman police officer shall make a written report and obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
Time Limits Under Section 43 BNSS
- During the period after sunset and before sunrise, Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 prohibits the arrest of a woman save in exceptional circumstances, where a woman police officer shall obtain the prior permission of the Magistrate of the first class by making a written report before the arrest.Act text: “no woman shall be arrested after sunset and before sunrise”
Example of Section 43 BNSS
When Section 43 BNSS Does Not Apply
- Actually touching or confining the body of the person to be arrested is not required under Section 43(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when that person submits to custody by word or action.
- Section 43(3) BNSS gives no power to use handcuffs when the person being arrested or produced before the court is neither a habitual or repeat offender, nor someone who escaped from custody, nor someone who committed one of the offences it lists.
- Section 43(4) BNSS does not give a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
Section 43 BNSS in the CrPC (Previous Law)
Section 43 BNSS replaced Section 46 CrPC from 1 July 2024.
From 1 July 2024, Section 46 of the Code of Criminal Procedure, 1973 became Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering the section and moving Section 46(3) CrPC to Section 43(4) BNSS and Section 46(4) CrPC to Section 43(5) BNSS are changes of form. The rules in Section 43(1) BNSS, its proviso, Section 43(2) BNSS, and Section 43(4) BNSS are unchanged. Section 43(3) BNSS is a new sub-section with no CrPC source allowing police to use handcuffs in specified cases. In Section 43(5) BNSS, the word Judicial before Magistrate of the first class is omitted.
Each sub-section below names its own source.
FAQs on Section 43 BNSS
How is an arrest made under Section 43 BNSS, and when is physical contact not needed?▼
Making an arrest under Section 43(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the police officer or other person making the arrest to actually touch or confine the body of the person to be arrested, unless there is a submission to custody by word or action. A proviso to Section 43(1) BNSS relaxes this requirement for a woman by presuming her submission on an oral intimation of arrest unless circumstances indicate to the contrary, and barring touching unless the police officer is female or circumstances otherwise require.
When may a police officer use handcuffs under Section 43(3) BNSS?▼
Keeping in view the nature and gravity of the offence, a police officer under Section 43(3) BNSS may use handcuffs while making the arrest of a person or while producing such person before the court. This applies where the person is a habitual or repeat offender, escaped from custody, or committed an offence of organised crime, terrorist act, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
What safeguards apply when a woman is arrested after sunset and before sunrise under Section 43 BNSS?▼
Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise under Section 43(5) BNSS. Where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. Under the proviso to Section 43(1) BNSS, a male police officer shall not touch her person unless the circumstances otherwise require.
Does Section 43 BNSS allow a person making an arrest to use lethal force?▼
If a person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the police officer or other person making the arrest may use all means necessary to effect the arrest under Section 43(2) BNSS. However, Section 43(4) BNSS states that nothing in Section 43 BNSS 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.
What changed in Section 43 BNSS compared to Section 46 CrPC?▼
From 1 July 2024, Section 43 BNSS replaced Section 46 of the Code of Criminal Procedure, 1973. Section 43(1) BNSS and Section 43(2) BNSS keep the rules of Section 46(1) CrPC and Section 46(2) CrPC unchanged. Section 43(3) BNSS is a new sub-section with no CrPC source that permits police to use handcuffs in specified cases. Section 46(3) CrPC was renumbered as Section 43(4) BNSS unchanged, and Section 46(4) CrPC became Section 43(5) BNSS with Judicial omitted before Magistrate of the first class.
Section 43 BNSS: Sub-sections Explained
Section 43(1) BNSS: Arrest how made
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Bare Act Text
(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.
Section 43(2) BNSS: Arrest how made
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Bare Act Text
(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.
Section 43(3) BNSS: Arrest how made
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Bare Act Text
(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
Section 43(4) BNSS: Arrest how made
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Bare Act Text
(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.
Section 43(5) BNSS: Arrest how made
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Bare Act Text
(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 Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·