Police can arrest someone without a warrant when they have a reasonable basis to believe the person is involved in a cognizable offence — one serious enough to arrest and investigate without waiting for a magistrate's order.
BNSS added a citizen-protective condition that didn't exist before: for offences punishable with less than 3 years' imprisonment, if the accused is infirm or above 60 years of age, arrest generally requires prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP).
- Only applies to "cognizable" offences (serious enough for arrest without a magistrate's order first).
- The officer needs a genuine reasonable belief of involvement — not just a hunch.
- Minor-offence + elderly/infirm accused generally need DSP-level sign-off before arrest.
Arrest isn't automatic just because an offence is cognizable — the officer needs real grounds, and there's an extra procedural check for older or infirm people accused of minor offences.
Related law
The constitutional right to know the grounds of arrest, which kicks in the moment this power is used
Still wondering about...
Does this mean police always need a warrant?
Keep exploring
How An Arrest Is Actually Made — and the Handcuffing Rule
If you're arrested, handcuffing isn't supposed to be automatic or used to intimidate — there has to be a specific, justifiable reason tied to actual risk.
Right to Know the Grounds of Arrest
This matches Article 22(1) of the Constitution — you can directly ask "why am I being arrested," and the officer is legally required to answer.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.