Section 35 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS

When police may arrest without warrant.

35. (1) Any police officer may without an order from a Magistrate and without a
    warrant, arrest any person—
    (a) who commits, in the presence of a police officer, a cognizable offence; or
    (b) against whom a reasonable complaint has been made, or credible information
    has been received, or a reasonable suspicion exists that he has committed a cognizable
    offence punishable with imprisonment for a term which may be less than seven years
    or which may extend to seven years whether with or without fine, if the following
    conditions are satisfied, namely:—
    (i) the police officer has reason to believe on the basis of such complaint,
    information, or suspicion that such person has committed the said offence;
    (ii) the police officer is satisfied that such arrest is necessary—
    (a) to prevent such person from committing any further offence; or
    (b) for proper investigation of the offence; or
    (c) to prevent such person from causing the evidence of the offence
    to disappear or tampering with such evidence in any manner; or
    (d) to prevent such person from making any inducement, threat or
    promise to any person acquainted with the facts of the case so as to
    dissuade him from disclosing such facts to the Court or to the police
    officer; or
    (e) as unless such person is arrested, his presence in the Court
    whenever required cannot be ensured,
    and the police officer shall record while making such arrest, his reasons in writing:
    Provided that a police officer shall, in all cases where the arrest of a person is
    not required under the provisions of this sub-section, record the reasons in writing
    for not making the arrest; or
    (c) against whom credible information has been received that he has committed
    a cognizable offence punishable with imprisonment for a term which may extend to
    more than seven years whether with or without fine or with death sentence and the
    police officer has reason to believe on the basis of that information that such person
    has committed the said offence; or
    (d) who has been proclaimed as an offender either under this Sanhita or by
    order of the State Government; or
    (e) in whose possession anything is found which may reasonably be suspected
    to be stolen property and who may reasonably be suspected of having committed an
    offence with reference to such thing; or
    (f) who obstructs a police officer while in the execution of his duty, or who has
    escaped, or attempts to escape, from lawful custody; or
    (g) who is reasonably suspected of being a deserter from any of the Armed
    Forces of the Union; or
    (h) who has been concerned in, or against whom a reasonable complaint has
    been made, or credible information has been received, or a reasonable suspicion
    exists, of his having been concerned in, any act committed at any place out of India
    which, if committed in India, would have been punishable as an offence, and for

which he is, under any law relating to extradition, or otherwise, liable to be apprehended
or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under
sub-section (5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received
from another police officer, provided that the requisition specifies the person to be
arrested and the offence or other cause for which the arrest is to be made and it
appears therefrom that the person might lawfully be arrested without a warrant by the
officer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable
offence or against whom a complaint has been made or credible information has been
received or reasonable suspicion exists of his having so concerned, shall be arrested except
under a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required
under sub-section (1) issue a notice directing the person against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable suspicion
exists that he has committed a cognizable offence, to appear before him or at such other
place as may be specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that person to
comply with the terms of the notice.
(5) Where such person complies and continues to comply with the notice, he shall
not be arrested in respect of the offence referred to in the notice unless, for reasons to be
recorded, the police officer is of the opinion that he ought to be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice or is
unwilling to identify himself, the police officer may, subject to such orders as may have
been passed by a competent Court in this behalf, arrest him for the offence mentioned in the
notice.
(7) No arrest shall be made without prior permission of an officer not below the rank of
Deputy Superintendent of Police in case of an offence which is punishable for imprisonment
of less than three years and such person is infirm or is above sixty years of age.

Read more Section 26 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS