THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

_____________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6. Classes of Criminal Courts.

7. Territorial divisions.
8. Court of Session.
9. Courts of Judicial Magistrates.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
11. Special Judicial Magistrates.
12. Local Jurisdiction of Judicial Magistrates.
13. Subordination of Judicial Magistrates.
14. Executive Magistrates.
15. Special Executive Magistrates.
16. Local Jurisdiction of Executive.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors.
20. Directorate of Prosecution.
CHAPTER III
POWER OF COURTS
21. Courts by which offences are triable.
22. Sentences which High Courts and Sessions Judges may pass.
23. Sentences which Magistrates may pass.
24. Sentence of imprisonment in default of fine.
25. Sentence in cases of conviction of several offences at one trial.
26. Mode of conferring powers.
27. Powers of officers appointed.
28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors-in-office.

1
 CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
SECTIONS
30. Powers of superior officers of police.
31. Public when to assist Magistrates and police.
32. Aid to person, other than police officer, executing warrant.
33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village to make certain
report.
CHAPTER V
ARREST OF PERSONS
35. When police may arrest without warrant.
36. Procedure of arrest and duties of officer making arrest.
37. Designated police officer.
38. Right of arrested person to meet an advocate of his choice during interrogation.
39. Arrest on refusal to give name and residence.
40. Arrest by private person and procedure on such arrest.
41. Arrest by Magistrate.
42. Protection of members of Armed Forces from arrest.
43. Arrest how made.
44. Search of place entered by person sought to be arrested.
45. Pursuit of offenders into other jurisdictions.
46. No unnecessary restraint.
47. Person arrested to be informed of grounds of arrest and of right to bail.
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.
49. Search of arrested person.
50. Power to seize offensive weapons.
51. Examination of accused by medical practitioner at request of police officer.
52. Examination of person accused of rape by medical practitioner.
53. Examination of arrested person by medical officer.
54. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
56. Health and safety of arrested person.
57. Person arrested to be taken before Magistrate or officer in charge of police station.
58. Person arrested not to be detained more than twenty-four hours.
59. Police to report apprehensions.
60. Discharge of person apprehended.
61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.

CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.—Summons
63. Form of summons.
64. Summons how served.
65. Service of summons on corporate bodies, firms, and societies.
66. Service when persons summoned cannot be found.
67. Procedure when service cannot be effected as before provided.
68. Service on Government servant.

2
SECTIONS
69. Service of summons outside local limits.
70. Proof of service in such cases and when serving officer not present.
71. Service of summons on witness.

B.—Warrant of arrest

72. Form of warrant of arrest and duration.

73. Power to direct security to be taken.
74. Warrants to whom directed.
75. Warrant may be directed to any person.
76. Warrant directed to police officer.
77. Notification of substance of warrant.
78. Person arrested to be brought before Court without delay.
79. Where warrant may be executed.
80. Warrant forwarded for execution outside jurisdiction.
81. Warrant directed to police officer for execution outside jurisdiction.
82. Procedure on arrest of person against whom warrant issued.
83. Procedure by Magistrate before whom such person arrested is brought.

C.—Proclamation and attachment

84. Proclamation for person absconding.

85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
87. Claims and objections to attachment.
88. Release, sale and restoration of attached property.
89. Appeal from order rejecting application for restoration of attached property.

D.—Other rules regarding processes

90. Issue of warrant in lieu of, or in addition to, summons.

91. Power to take bond or bail bond for appearance.
92. Arrest on breach of bond or bail bond for appearance.
93. Provisions of this Chapter generally applicable to summons and warrants of arrest.
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.—Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters.
B.—Search-warrants
96. When search-warrant may be issued.
97. Search of place suspected to contain stolen property, forged documents, etc.
98. Power to declare certain publications forfeited and to issue search-warrants for same.
99. Application to High Court to set aside declaration of forfeiture.
100. Search for persons wrongfully confined.
101. Power to compel restoration of abducted females.

3
 (ix) sections 309 to 312 (both inclusive);
(x) sub-section (5) of section 316;
(xi) sections 326 to 328 (both inclusive); and
(xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest
Magistrate or police officer of such commission or intention.
(2) For the purposes of this section, the term “offence” includes any act committed at any place out of
India which would constitute an offence if committed in India.
34. Duty of officers employed in connection with affairs of a village to make certain
report.—(1) Every officer employed in connection with the affairs of a village and every person residing
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest
police station, whichever is nearer, any information which he may possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in
or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he
knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or
any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in
circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance
from such village of any person in circumstances which lead to a reasonable suspicion that a non-
bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India nearsuch village any act
which, if committed in India, would be an offence punishable under any of the following sections of
the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305,
307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of
person or property respecting which the District Magistrate, by general or special order made with the
previous sanction of the State Government, has directed him to communicate information.
(2) In this section,—
(i) “village” includes village lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any
Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act
which if committed in the territories to which this Sanhita extends, would be an offence punishable
under any of the offence punishable with imprisonment for ten years or more or with imprisonment for
life or with death under the Bharatiya Nyaya Sanhita, 2023;
(iii) the words “officer employed in connection with the affairs of the village” means a member of
the panchayat of the village and includes the headman and every officer or other person appointed to
perform any function connected with the administration of the village.
35. When police may arrest without warrant.—(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

27
 (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.

28
 (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.
36. Procedure of arrest and duties of officer making arrest .—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.
37. Designated police officer.—The State Government shall—
(a) establish a police control room in every district and at State level;
(b) designate a police officer in every district and in every police station, not below the rank of
Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the
names and addresses of the persons arrested, nature of the offence with which charged, which shall be
prominently displayed in any manner including in digital mode in every police station and at the district
headquarters.
38. Right of arrested person to meet an advocate of his choice during interrogation.—When any
person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice
during interrogation, though not throughout interrogation.
39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a
police officer, has committed or has been accused of committing a non-cognizable offence refuses on
demand of such officer to give his name and residence or gives a name or residence which such officer has

29
reason to believe to be false, he may be arrested by such officer in order that his name or residence may be
ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on a
bond or bail bond, to appear before a Magistrate if so required:
Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties
resident in India.
(3) If the true name and residence of such person is not ascertained within twenty-four hours from the
time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties,
he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or
cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over
or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer,
take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of sub-section (1) of
section 35, a police officer shall take him in custody.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the
demand of a police officer to give his name and residence, or gives a name or residence which such officer
has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no
sufficient reason to believe that he has committed any offence, he shall be at once released.
41. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to
arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the
offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.
42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained
in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be
arrested for anything done or purported to be done by him in the discharge of his official duties except after
obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply
to such class or category of the members of the Force charged with the maintenance of public order as may
be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall
apply as if for the expression “Central Government” occurring therein, the expression “State Government”
were substituted.
43. Arrest how made.—(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.

30
 (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.
44. Search of place entered by person sought to be arrested.—(1) If any person acting under a
warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be
arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place
shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto,
and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for
a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained
without affording the person to be arrested an opportunity of escape, for a police officer to enter such place
and search therein, and in order to effect an entrance into such place, to break open any outer or inner door
or window of any house or place, whether that of the person to be arrested or of any other person, if after
notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain
admittance:
Provided that if any such place is an apartment in the actual occupancy of a female (not being the person
to be arrested) who, according to custom, does not appear in public, such person or police officer shall,
before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford
her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner
door or window of any house or place in order to liberate himself or any other person who, having lawfully
entered for the purpose of making an arrest, is detained therein.
45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting
without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police
officer or other person arresting any person without warrant shall forthwith communicate to him full
particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-
bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he
may arrange for sureties on his behalf.
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1)
Every police officer or other person making any arrest under this Sanhita shall forthwith give the
information regarding such arrest and place where the arrested person is being held to any of his relatives,
friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of
giving such information and also to the designated police officer in the district.

31
 (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he
is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a
book to be kept in the police station in such form as the State Government may, by rules, provide.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy
himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of
such arrested person.
49. Search of arrested person.—(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not provide for the taking of
bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;
and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally
be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made
by a private person, the police officer to whom he makes over the person arrested, may search such
person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him
and where any article is seized from the arrested person, a receipt showing the articles taken in
possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another
female with strict regard to decency.
50. Power to seize offensive weapons.—The police officer or other person making any arrest under
this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons
which he has about his person, and shall deliver all weapons so taken to the Court or officer before which
or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.
51. Examination of accused by medical practitioner at request of police officer.—(1) When a
person is arrested on a charge of committing an offence of such a nature and alleged to have been committed
under such circumstances that there are reasonable grounds for believing that an examination of his person
will afford evidence as to the commission of an offence, it shall be lawful for a registered medical
practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid
and under his direction, to make such an examination of the person arrested as is reasonably necessary in
order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary
for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be
made only by, or under the supervision of, a female registered medical practitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the
investigating officer.
Explanation.—In this section and sections 52 and 53,—
(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual
offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific
techniques including DNA profiling and such other tests which the registered medical practitioner thinks
necessary in a particular case;
(b) “registered medical practitioner” means a medical practitioner who possesses any medical
qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name
has been entered in the National Medical Register or a State Medical Register under that Act.

32
 52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested
on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds
for believing that an examination of his person will afford evidence as to the commission of such offence,
it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by
a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the
place where the offence has been committed, by any other registered medical practitioner, acting at the
request of any police officer, and for any person acting in good faith in his aid and under his direction, to
make such an examination of the arrested person and to use such force as is reasonably necessary for that
purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine
such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the
report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred
to in clause (a) of sub-section (6) of that section.
53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall
be examined by a medical officer in the service of the Central Government or a State Government, and in
case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:
Provided that if the medical officer or the registered medical practitioner is of the opinion that one more
examination of such person is necessary, he may do so:
Provided further that where the arrested person is a female, the examination of the body shall be made
only by or under the supervision of a female medical officer, and in case the female medical officer is not
available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall
prepare the record of such examination, mentioning therein any injuries or marks of violence upon the
person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall
be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested
person or the person nominated by such arrested person not available, by a registered medical practitioner
soon after the arrest is made:
54. Identification of person arrested.—Where a person is arrested on a charge of committing an
offence and his identification by any other person or persons is considered necessary for the purpose of
investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of
a police station, direct the person so arrested to subject himself to identification by any person or persons
in such manner as the Court may deem fit:

33
 Provided that if the person identifying the person arrested is mentally or physically disabled, such
process of identification shall take place under the supervision of a Magistrate who shall take appropriate
steps to ensure that such person identifies the person arrested using methods that person is comfortable with
and the identification process shall be recorded by any audio-video electronic means.
55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any
officer in charge of a police station or any police officer making an investigation under Chapter XIII
requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any
person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the
arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the
arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be
arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under
section 35.
56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an
accused to take reasonable care of the health and safety of the accused.
57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police
officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions
herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the
case, or before the officer in charge of a police station.
58. Person arrested not to be detained more than twenty-four hours.—Officers in charge of police
stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases
of all persons arrested without warrant, within the limits of their respective stations, whether such persons
have been admitted to bail or otherwise.
59. Police to report apprehensions.— Officers in charge of police stations shall report to the District
Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without
warrant, within the limits of their respective stations, whether such persons have been admitted to bail or
otherwise.
60. Discharge of person apprehended.—No person who has been arrested by a police officer shall be
discharged except on his bond, or bail bond, or under the special order of a Magistrate.
61. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is rescued,
the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any
place in India.
(2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making
any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
62. Arrest to be made strictly according to Sanhita.— No arrest shall be made except in accordance
with the provisions of this Sanhita or any other law for the time being in force providing for arrest.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.—Summons
63. Form of summons.—Every summons issued by a Court under this Sanhita shall be,—
(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as
the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or

34
 69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall
be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a
Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
70. Proof of service in such cases and when serving officer not present.—(1) When a summons
issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served
a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate,
that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the
manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with
whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be
correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned
to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive)
shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of
service of summons.
71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding
sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously
with the issue of such summons, direct a copy of the summons to be served by electronic communication
or by registered post addressed to the witness at the place where he ordinarily resides or carries on business
or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to
be made by a postal employee that the witness refused to take delivery of the summons has been received
or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to
the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.
B.—Warrant of arrest
72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under
this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the
Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until
it is executed.
73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person
may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with
sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise
directed by the Court, the officer to whom the warrant is directed shall take such security and shall release
such person from custody.
(2) The endorsement shall state—
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued, are to be
respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall
forward the bond to the Court.
74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more
police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no

36
police officer is immediately available, direct it to any other person or persons, and such person or persons
shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by
any one or more of them.
75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of
the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped
convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading
arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person
for whose arrest it was issued, is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the
warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction
in the case, unless security is taken under section 73.
76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed
by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed
or endorsed.
77. Notification of substance of warrant.—The police officer or other person executing a warrant of
arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him
the warrant.
78. Person arrested to be brought before Court without delay.—The police officer or other person
executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without
unnecessary delay bring the person arrested before the Court before which he is required by law to produce
such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate's Court.
79. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.
80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed
outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a
police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be
executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name
thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with thewarrant, the
substance of the information against the person to be arrested together with such documents, if any, as may
be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be
granted to the person.
81. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant
directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he
shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below
the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant
is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be
sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local
police shall, if so required, assist such officer in executing such warrant.

37
 (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the
Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such
execution, the police officer to whom it is directed may execute the same without such endorsement in any
place beyond the local jurisdiction of the Court which issued it.
82. Procedure on arrest of person against whom warrant issued.—(1) When a warrant of arrest is
executed outside the district in which it was issued, the person arrested shall, unless the Court which issued
the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or
District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction
the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District
Superintendent or Commissioner.
(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the
information regarding such arrest and the place where the arrested person is being held to the designated
police officer in the district and to such officer of another district where the arrested person normally resides.
83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive
Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested
appears to be the person intended by the Court which issued the warrant, direct his removal in custody to
such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give bail bond to the
satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed
under section 73 on the warrant and such person is ready and willing to give the security required by such
direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as
the case may be, and forward the bond, to the Court which issued the warrant:
Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial
Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the
arrest is made on consideration of the information and the documents referred to in sub-section (2) of section
80, to release such person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer from taking security under
section 73.
C.—Proclamation and attachment
84. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after
taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is
concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time not less than thirty days from the date
of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such
person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily
newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was
duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive

38