Section 60 – Arrest to be Made Strictly According to Law – BNSS 2023

Mandates lawful arrest procedures ensuring protection of personal liberty and rights.

Introduction

Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides that no arrest shall be made except in accordance with the provisions of the law. This section acts as a fundamental safeguard against arbitrary and unlawful arrest by ensuring that every arrest must strictly comply with statutory requirements.

It reinforces the constitutional guarantees under Article 21 and Article 22 of the Constitution of India, ensuring that deprivation of liberty occurs only through a fair, just, and reasonable procedure.

Objective of the Provision

The objectives of Section 60 BNSS are

• To prevent arbitrary and illegal arrests
• To ensure strict compliance with procedural safeguards
• To protect fundamental rights of individuals
• To promote accountability in police actions

This provision acts as a foundational principle governing all arrest-related powers.

Meaning / Concept

Arrest According to Law

This means that any arrest must strictly follow

• Statutory provisions under BNSS
• Constitutional safeguards
• Judicial guidelines

Rule of Law

The concept reflects that state power must be exercised within legal limits, and no person can be deprived of liberty except according to law.

Detailed Explanation of the Section

Section 60 BNSS provides that

• Arrest must be carried out only in accordance with provisions of BNSS or other applicable laws
• Any arrest made in violation of legal procedure is illegal and unconstitutional
• Police officers must ensure compliance with all safeguards such as
  • Grounds of arrest
  • Right to bail
  • Informing relatives
  • Production before Magistrate

Key aspects include

• Arrest is not a discretionary act without limits
• Compliance with law is mandatory, not optional
• Violation may lead to legal consequences for authorities

This section acts as a guiding principle for all arrest provisions.

Procedure or Legal Framework

The framework under Section 60 BNSS requires

• Existence of lawful grounds for arrest
• Compliance with provisions such as
  • Section 53 BNSS (arrest without warrant)
  • Section 50 BNSS (grounds of arrest)
  • Section 51 BNSS (informing about arrest)
• Observance of constitutional safeguards
• Proper documentation and procedure

Any deviation from these requirements renders the arrest unlawful.

Judicial Interpretation

Courts have consistently emphasized lawful arrest procedures

In D.K. Basu v. State of West Bengal (1997) 1 SCC 416, the Supreme Court laid down detailed guidelines to prevent custodial abuse and illegal arrest

In Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260, the Court held that arrest must be justified and necessary, not routine

In Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Court directed that police must avoid unnecessary arrests and follow statutory safeguards

In Maneka Gandhi v. Union of India (1978) 1 SCC 248, the Court held that any deprivation of liberty must follow a fair, just, and reasonable procedure

In Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295, the Court emphasized that state action affecting liberty must be lawful

These cases collectively ensure that arrests must strictly adhere to legal requirements

Importance of the Provision

Section 60 BNSS is important because

• It safeguards personal liberty and human rights
• It ensures rule of law in police actions
• It prevents misuse of arrest powers
• It promotes accountability and transparency

It is a cornerstone provision ensuring fairness in criminal procedure.

Connection with Other Sections

This provision is connected with

• Section 53 BNSS – Arrest without warrant
• Section 50 BNSS – Grounds of arrest and right to bail
• Section 51 BNSS – Informing about arrest
• Section 56 BNSS – Magistrate’s power to remand

Corresponding Provision under Old Law

Section 60 BNSS corresponds to Section 41B of the Code of Criminal Procedure, 1973 (CrPC), which laid down procedures of arrest and duties of police officers.

Illustrative Example

A police officer arrests a person without informing them of the grounds of arrest and without following procedural safeguards. Such an arrest would be illegal under Section 60 BNSS, and the person can challenge it before the court

Conversely, if all legal procedures are followed, the arrest is valid

Conclusion

Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that arrest must strictly comply with legal provisions. It reinforces constitutional safeguards and judicial principles, ensuring that police powers are exercised within the framework of law. This provision plays a critical role in protecting individual liberty and maintaining the rule of law in criminal justice