Section 62: Arrest to be made strictly according to Sanhita
This provision is about the framework that defines law on conducting arrest in India. Therefore, it demands that an arrest should be made strictly following BNSS and as far as concerned other current prevalent laws in action. The goal is to arrest persons within boundaries that respect the legal rights of individuals and at the same time, ensure that no means of law enforcement procedure are violated.
No arrest shall be made except as in accordance with the provisions specified in the Bharatiya Nagarik Suraksha Sanhita, or any other law governing arrests at the time of the arrest.
The strict observance of these legal systems will ensure that any arrest is legal, justified, and conducted according to the limits imposed by the law. This will protect the rights of the detainees from unlawful or arbitrary detention.
The inclusion of Section 62 in the BNSS is a huge commitment to the procedural integrity of law enforcement practices. It demands strict compliance with both the BNSS and other relevant laws so as to avert arbitrary arrests and uphold the fundamental principle of the rule of law. In a democratic society, where individual freedoms are highly protected, this section is essential to ensure that law enforcement actions are consistently aligned with constitutional protections and legal standards.
This is very important in maintaining public trust in law enforcement agencies because it ensures that arrests are carried out in a manner that respects the rights of the people involved while holding law enforcement accountable for their actions.
