Section 62 BNSS: Arrest to be made strictly according to Sanhita (Formerly Section 60A CrPC)

Section 62 of Bharatiya Nagarik Suraksha Sanhita, 2023: Arrest to be made strictly according to Sanhita

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 62

Section 62 enacts the categorical statutory command that no arrest shall be made except in accordance with the provisions of this Sanhita or any other law providing for arrest, codifying the constitutional guarantee of Article 21.

Absolute Statutory Rule: Arrest cannot be effected on whim, caprice, or unauthorized administrative fiat.
Strict Procedural Compliance: Every arrest must strictly satisfy statutory conditions (Section 35, Section 43, Section 47 BNSS).
Judicial Scrutiny: Arrests made in violation of statutory procedure are illegal, rendering the arresting officer liable to departmental and penal sanctions.

Key Landmark Precedents:

Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Supreme Court held that arrests should not be made mechanically; police officers must satisfy themselves regarding the necessity of arrest under the statutory checklist, warning that non-compliance invites departmental action and contempt.
Satender Kumar Antil v. CBI (2022) 10 SCC 51: Reaffirmed that compliance with statutory arrest guidelines is mandatory, holding that illegal arrests violate Article 21 and entitle the accused to immediate bail.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Settled that procedural safeguards surrounding arrest are non-negotiable constitutional guarantees.

Courtroom Practice & Strategic Litigation Guidance:

Section 62 is the master weapon in bail hearings. Whenever an arrest is made without issuing a Section 35(3) notice or without recording reasons for necessity of arrest, cite Section 62 and *Satender Kumar Antil* to secure immediate release.