BNSS Section 43 — Arrest how made

CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Criminal

Summary

When making an arrest, the police officer or other person must physically touch or confine the person being arrested, unless that person agrees to be taken into custody by saying so or by their actions. However, if a woman is being arrested, her agreement to be arrested is assumed if she is told she is under arrest, unless the situation suggests otherwise, and the police officer must not touch her unless the officer is female or the situation requires it.

If the person resists or tries to run away, the police officer may use whatever force is necessary to make the arrest. The officer may also use handcuffs while arresting or bringing a person to court if that person is a repeat offender, has escaped custody, or is accused of serious crimes like organised crime, terrorism, drug offences, illegal weapons, murder, rape, acid attacks, counterfeiting, human trafficking, sexual offences against children, or crimes against the state.

This section does not allow anyone to kill a person who is not accused of a crime punishable by death or life imprisonment. Except in very unusual situations, a woman cannot be arrested between sunset and sunrise, and if such an unusual situation occurs, a female police officer must get written permission from a first-class magistrate in the area where the crime happened or where the arrest will take place.

Official 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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