Section 62 BNSS 2023: Arrest to be Made Strictly According to Sanhita
Section 62 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down a basic rule of legality for arrest: a person cannot be arrested unless the arrest is authorised and carried out in accordance with the BNSS or another law that validly provides for arrest.
Text of Section 62, Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Meaning of Section 62 BNSS
Section 62 is a controlling provision. It does not itself create a separate power of arrest. Instead, it requires every arrest to have a lawful source of authority and to comply with the procedure prescribed by the BNSS or by another law that authorises arrest.
In practical terms, the provision means that an arrest cannot be justified merely because an investigating authority considers it convenient. The legal conditions for arrest, the manner of arrest and the safeguards available to the arrested person must be traced to the applicable statutory provisions.
Key legal effect of Section 62
- Lawful authority is necessary: an arrest must be supported by the BNSS or another law in force that provides a power of arrest.
- Statutory procedure must be followed: where the BNSS prescribes conditions, duties or safeguards for arrest, those requirements form part of the legality of the arrest.
- Section 62 is not an independent arrest power: the actual power must arise from another applicable provision.
- Other arrest laws are preserved: the section expressly recognises arrests authorised under another law for the time being in force.
Related BNSS provisions on arrest
Section 62 should be read with the other provisions in Chapter V of the BNSS dealing with arrest. Depending on the facts of a case, provisions concerning arrest without warrant, procedure at the time of arrest, communication of grounds, information to relatives or friends, production before a Magistrate and limits on detention may become relevant.
| Provision | Subject |
|---|---|
| Section 35 | When police may arrest without warrant. |
| Section 36 | Procedure of arrest and duties of officer making arrest. |
| Section 47 | Person arrested to be informed of grounds of arrest and of right to bail in applicable cases. |
| Section 48 | Information about arrest to relative, friend or other nominated person. |
| Section 57 | Person arrested to be taken before Magistrate or officer in charge of police station. |
| Section 58 | Person arrested not to be detained for more than twenty-four hours, subject to the statutory rule. |
| Section 62 | Arrest to be made strictly according to the Sanhita or another law providing for arrest. |
Relationship with the earlier Code of Criminal Procedure
Section 62 BNSS substantially carries forward the rule previously found in Section 60A of the Code of Criminal Procedure, 1973: arrest must be made only according to the governing criminal procedure law or another law that authorises arrest.
When did Section 62 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Why Section 62 matters
Section 62 reinforces that arrest is a statutory coercive power and must remain within legal limits. The provision is therefore relevant whenever the validity of an arrest is questioned on the ground that the authority lacked a power to arrest or failed to comply with mandatory arrest procedure.
Official legal resources
For the current statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement date is notified by the Ministry of Home Affairs in S.O. 848(E), dated 23 February 2024.