Section - 43 - How to Arrest Made by Police | Bharatiya Nagarik Suraksha Sanhita, 2023

Section - 43 - How to Arrest Made by Police | Bharatiya Nagarik Suraksha Sanhita, 2023

43. (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.

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