The Legal Framework of Arrest Under the Bharatiya Nagrik Suraksha Sanhita: A Rights-Based Approach

Abstract

The Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 marks a transformative shift in India's criminal justice landscape by replacing the Code of Criminal Procedure, 1973. Focused on transparency, accountability and the protection of individual liberties, the BNSS introduces reforms to arrest procedures and custodial practices. Key features include strict conditions for warrantless arrests, compulsory electronic documentation, safeguards for vulnerable individuals and expanded rights for the accused. Notably, the Sanhita codifies the right to legal representation during interrogation, protection against self-incrimination, mandatory medical examinations and compensation for unlawful arrests. The BNSS strengthens procedural guarantees through Sections 35, 36, 43 and 187, aligning arrest protocols with constitutional safeguards such as Articles 20, 21 and 22. This paper critically examines these legal provisions and their judicial interpretations to assess whether the BNSS effectively balances state authority and individual freedom in the process of arrest and detention.