Section 143of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 143 – Arrest by Police Without Warrant
🔸 Text of Section 143, BNS 2023 (Paraphrased)
The police officer may arrest a person without a warrant if:
The person is suspected of having committed a cognizable offence.
The arrest is necessary to prevent the person from causing further offences or escaping.
The police officer reasonably believes that the person may abscond or tamper with evidence.
Before arrest, the police officer must inform the person of the grounds of arrest and their right to bail.
The arresting officer must follow the procedure prescribed by law for arrest, including preparing an arrest memo and informing the person’s family or friend as soon as possible.
✅ Detailed Explanation
1. When Can Police Arrest Without Warrant?
Cognizable offence: An offence where police can investigate and arrest without prior approval of the Magistrate.
The police must have reasonable suspicion (not mere suspicion) that the person has committed such an offence.
The arrest should be necessary to:
Prevent the person from committing further offences.
Prevent the person from escaping or absconding.
Prevent tampering with evidence.
2. Information to the Person Arrested
Police must inform the person:
The reason for arrest (grounds on which arrest is made).
The right to bail, if applicable.
3. Procedure to be Followed
Police must follow proper arrest procedure including:
Preparing an arrest memo with time, place, and cause of arrest.
Informing a family member or friend of the arrested person as soon as possible.
Ensuring that the arrest is humane and respectful of personal dignity.
🔹 Purpose and Importance
To balance the power of arrest with protection of individual rights.
Avoid arbitrary or unlawful arrests.
Ensure transparency and accountability in the arrest process.
Strengthen procedural safeguards for the arrested person.
📌 Summary Table
| Condition for Arrest | Requirement/Procedure |
|---|---|
| Cognizable offence suspected | Reasonable belief by police |
| Prevent further offences or escape | Arrest necessary for this purpose |
| Inform person arrested | Grounds of arrest & right to bail |
| Follow arrest procedure | Arrest memo, informing family/friend |
| Respect human dignity | Humane treatment during arrest |
📌 Example Scenario
Police suspect Y has committed theft (a cognizable offence).
Y is about to flee the city.
Police arrest Y without a warrant.
Police inform Y: “You are arrested for theft; you have the right to apply for bail.”
Police prepare an arrest memo and inform Y’s family.
Y is treated respectfully during the arrest process.
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