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

Summary

When a police officer makes an arrest, they must wear a clear and visible name tag so they can be easily identified. The officer must also write a memorandum of arrest, which must be signed by at least one witness who is either a family member of the arrested person or a respected person from the area where the arrest happens, and the arrested person must also sign it. If the memorandum is not signed by a family member, the officer must tell the arrested person that they have the right to have a relative, friend, or anyone else they choose informed about the arrest.

Official Text

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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §41B — Procedure of arrest and duties of officer making arrest