Clauses 37,43,48,50,51 of BNSS

 

Clauses 37,43,48,50,51 of BNSS

Clause 37 - Designated Police Offi cer

The State Government shall— (a) establish a Police control room in every district and at State level; (b) designate a police offi cer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.

Clause 43 - Arrest how made (1) In making an arrest the police offi cer or other person making the same shall actually touch or confi ne 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 offi cer is a female, the police offi cer shall not touch the person of the woman for making her arrest, and give the information regarding such arrest and place where she is being held to any of her relatives, friends or such other persons as may be disclosed or mentioned by her for the purpose of giving such information. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police offi cer or other person may use all means necessary to effect the arrest. (3) The police offi cer may, keeping in view the nature and gravity of the offence, use handcuff while effecting the arrest of a person who is a habitual, repeat offender who escaped from custody, who has committed offence of organised crime, offence of terrorist act, drug related crime, or offence of illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human traffi cking, sexual offences against children, offences against the State, including acts endangering sovereignty, unity and integrity of India or economic offences. (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 offi cer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the fi rst class within whose local jurisdiction the offence is committed or the arrest is to be made

Clause 48 - Obligation of person making arrest to inform about the arrest, etc., to relative or friend

(1)       Every police offi cer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or mentioned by the arrested person for the purpose of giving such information and also to the designated police offi cer in the district. (2) The police offi cer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. 4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

 Clause 50 - Power to seize offensive weapons

The police offi cer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or offi cer before which or whom the offi cer or person making the arrest is required by this Sanhita to produce the person arrested. Clause 51 - Examination of accused by medical practitioner at the request of police offi cer

 (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police offi cer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. (3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating offi cer. Explanation.—In this section and in sections 52 and 53,— (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and fi nger nail clippings by the use of modern and scientifi c techniques including DNA profi ling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possesses any medical qualifi cation recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.