The new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the old CrPC, has introduced stronger safeguards against illegal arrests. One of the most important changes relates to arrest procedures after issuing a notice of appearance.
🔹 What does the law say?
Under BNSS, if the offence is not very serious (punishable with less than 7 years), the police cannot directly arrest a person. Instead, they must first issue a notice to appear before them.
If the person complies with the notice and cooperates with the investigation:
The police cannot arrest such a person, unless they record proper, valid reasons in writing.
If the officer fails to write down why the arrest is necessary, then any such arrest is considered illegal.
🔹 Why is this safeguard important?
Earlier, under CrPC, there were frequent complaints of police misusing their power by making unnecessary arrests. BNSS aims to:
Protect the dignity and liberty of citizens,
Prevent harassment by arbitrary arrests,
Ensure that police officers remain accountable by documenting their reasons.
🔹 Example for easy understanding
Imagine Ravi is accused of a minor financial dispute case. Police send him a notice of appearance. Ravi appears on time, answers all questions, and cooperates fully.
👉 In this situation, the police cannot arrest Ravi unless they write down specific reasons (for example, “Ravi is trying to influence witnesses” or “Ravi may abscond”).
If they just arrest him without recording such reasons, the arrest is illegal, and Ravi can challenge it in court.
🔹 What can you do if wrongly arrested?
If someone is arrested even after complying with notice, and no reasons are recorded:
Bail application can be moved immediately.
Challenge arrest in court – courts treat such arrest as a violation of personal liberty.
Seek compensation for illegal detention, in appropriate cases.
🔹 Key takeaway
BNSS has strengthened protection against misuse of arrest powers.
👉 If you cooperate with police notice, they cannot simply arrest you unless they put valid reasons on record. Otherwise, the arrest is illegal.
This change is a big step towards protecting citizens’ fundamental right to liberty while still allowing police to act in genuine cases.
