Question

As per Section 36(2)-(3) of the BNSS, 2023, what are the mandatory requirements for preparing the memorandum of arrest?

Q: Answer-As per Section 36(2)-(3) of the BNSS, 2023, what are the mandatory requirements for preparing the me...

Section 362 provides the officer shall prepare a memorandum of arrest at the time of arrest and the same shall be attested by a witness...preferably a family member of the person arrested or, if family member is not available, by a respectable resident of the locality. Section 363 states the memorandum shall...be countersigned by the person arrested and shall also contain the date, time and place of arrest, grounds for arrest and details of recoveries, if any, made. This dual-signature requirement witness arrested person ensures transparent, verifiable arrest procedures.

A The memorandum is optional and may be prepared at the police officer's discretion

B The memorandum must be prepared in writing, attested by at least one witness from the arrestee's family or a respectable resident of the locality, and countersigned by the arrested person

C The memorandum requires only the police officer's signature; witness attestation is not mandatory

D The memorandum is valid only if prepared by a Magistrate, not by the arresting officer

E The arrested person has a right to refuse to countersign the memorandum

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