Arrest how made
Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest how made. 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 contrar The Act came into force on 01 Jul 2024.
(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.
Section 43, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 46 Arrest how made Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Prince Kumar vs The State of Bihar
Decided under Code of Criminal Procedure 46, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An elderly person with a clean criminal record and no prior antecedents, who is alleged to have played an ambiguous and inconsistent role in a case involving assault on police personnel, and where the police have violated procedural requirements under Section 46 Cr.P.C during the investigation, is entitled to anticipatory bail under Section 438 Cr.P.C, subject to furnishing appropriate bail bonds and sureties and compliance with conditions prescribed under Section 438(2) Cr.P.C.
On this section: Procedure for search of person accused of certain offences; violation noted as ground for bail consideration
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 43
What have the courts held on Section 43 of the Bharatiya Nagarik Suraksha Sanhita?
Prince Kumar vs The State of Bihar (16 Jun 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 46, which this section replaced -- the court never mentioned this Act: Procedure for search of person accused of certain offences; violation noted as ground for bail consideration.
How do I find court cases under Section 43 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 43, section 43 BNSS, section 43 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 43 4 in hindi and bnss 43 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Prince Kumar vs The State of Bihar (16 Jun 2022).
What should I read with Section 43 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 46 (Arrest how made), so the judgments decided under that provision are the case law on this one.
When did Section 43 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 43 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 43, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.