Investigation & Arrest — KSLU Bnss Notes

Investigation & Arrest

Investigation (conducted by the police) comprises: proceeding to the spot, ascertaining facts, recording statements (S.180), search and seizure, and forming an opinion, ending in a final report / charge-sheet (S.193). The arrest provisions (Ss.35–62) balance the power to arrest against personal liberty:

• S.35 — when police may arrest without warrant; the BNSS requires that for offences punishable with less than 7 years, arrest is not automatic and the Arnesh Kumar v. State of Bihar (2014) checklist (S.35(3)) must be followed.
• D.K. Basu v. State of West Bengal (1997) — the constitutional arrest-memo, intimation-to-relative, medical-examination safeguards, now substantially codified.
• S.47 — the arrested person’s right to be informed of the grounds of arrest and of the right to bail in bailable offences; S.58 — production before a Magistrate within 24 hours.