CrPC Section 41B — Procedure of arrest and duties of officer making arrest

Summary

Clause (a) requires the arresting police officer to wear clear, visible identification showing the officer’s name, so the officer can be easily identified.

Clause (b) requires the officer to prepare a memorandum of arrest.

Under clause (b)(i), the memorandum must be attested by at least one witness. The witness must be either a family member of the person arrested or a respectable member of the locality where the arrest takes place.

Under clause (b)(ii), the person arrested must countersign the memorandum.

Clause (c) requires the officer to tell the person arrested that they may have a relative or friend named by them informed of the arrest. The officer need not give this information if a member of the person’s family attests the memorandum.

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 named by him to be informed of his arrest.

Old <-> New Code Mapping

• BNSS §36 — Procedure of arrest and duties of officer making arrest