Section 35 of BNSS : Section 35: When police may arrest without warrant.

Explanation using Example

Example 1:

Ravi, a 30-year-old man, is caught by a police officer while stealing a mobile phone from a shop. Since the theft is a cognizable offence and it was committed in the presence of the police officer, the officer arrests Ravi without a warrant under Section 35(1)(a) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 2:

Priya, a 25-year-old woman, is suspected of being involved in a fraud case. The police receive credible information that she has committed the offence, which is punishable with imprisonment for up to seven years. The police officer believes that Priya might tamper with evidence if not arrested. Therefore, the officer arrests Priya without a warrant under Section 35(1)(b)(ii)(c) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 3:

A police officer receives a written requisition from another police officer to arrest Suresh, who is suspected of being involved in a hit-and-run case. The requisition specifies the offence and the person to be arrested. Based on this, the police officer arrests Suresh without a warrant under Section 35(1)(j) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 4:

An elderly man, aged 65, is suspected of committing a minor offence punishable with imprisonment of less than three years. The police officer issues a notice to the man to appear at the police station. The man complies with the notice. Since the offence is minor and the man is above sixty years of age, the police officer does not arrest him without prior permission from a Deputy Superintendent of Police, as required under Section 35(7) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 5:

A police officer receives credible information that a person named Anil, who has been proclaimed as an offender by the State Government, is hiding in a nearby village. The officer immediately proceeds to the location and arrests Anil without a warrant under Section 35(1)(d) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 6:

During a routine patrol, a police officer finds a man named Rajesh in possession of a laptop that is suspected to be stolen. The officer reasonably suspects that Rajesh has committed an offence related to the stolen property and arrests him without a warrant under Section 35(1)(e) of The Bharatiya Nagarik Suraksha Sanhita 2023.

Example 7:

A police officer is obstructed by a man named Vikram while trying to arrest another suspect. Vikram also attempts to escape from the scene. The officer arrests Vikram without a warrant under Section 35(1)(f) of The Bharatiya Nagarik Suraksha Sanhita 2023 for obstructing a police officer in the execution of his duty and attempting to escape from lawful custody.