Section 43 of BNSS : Section 43: Arrest how made.

Explanation using Example

Example 1:

Scenario: A police officer is arresting a man named Rajesh for theft.

Application of the Act:

1. The police officer approaches Rajesh and informs him that he is under arrest for theft.
2. Rajesh does not resist and verbally agrees to go with the officer.
3. The officer does not need to physically touch Rajesh since he has submitted to custody by word.
4. Rajesh is taken to the police station without any use of force.

Example 2:

Scenario: A police officer is arresting a woman named Priya for fraud.

Application of the Act:

1. The police officer, who is male, informs Priya that she is under arrest for fraud.
2. Priya verbally acknowledges the arrest and agrees to go with the officer.
3. The officer does not touch Priya, as her submission to custody is presumed by her verbal acknowledgment.
4. Priya is taken to the police station without any physical contact.

Example 3:

Scenario: A police officer is arresting a man named Vikram who is a habitual offender and has escaped from custody before.

Application of the Act:

1. The police officer approaches Vikram and informs him that he is under arrest.
2. Vikram tries to run away.
3. The officer uses necessary force to restrain Vikram and handcuffs him due to his history as a habitual offender and escapee.
4. Vikram is taken to the police station in handcuffs.

Example 4:

Scenario: A police officer is arresting a woman named Anjali for a serious crime (e.g., human trafficking) after sunset.

Application of the Act:

1. The police officer, who is female, informs Anjali that she is under arrest for human trafficking.
2. Since it is after sunset, the female officer makes a written report and obtains prior permission from the Magistrate of the first class.
3. After obtaining permission, the female officer arrests Anjali.
4. Anjali is taken to the police station following the proper legal procedure.

Example 5:

Scenario: A police officer is arresting a man named Ramesh for a minor offense, but Ramesh resists arrest.

Application of the Act:

1. The police officer informs Ramesh that he is under arrest for a minor offense.
2. Ramesh forcibly resists the arrest.
3. The officer uses necessary force to subdue Ramesh and effect the arrest.
4. Ramesh is taken to the police station, and the officer ensures that no excessive force is used beyond what is necessary to make the arrest.