Short answer: yes, in some situations they can. But “some situations” doesn’t mean “any situation”  and that distinction matters more than most people realise.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the law that has now replaced the CrPC — police do have the power to arrest someone without first getting a warrant from a court. But this power comes with real limits, and an arrested person still has rights that the police are legally bound to respect.

Here is what you actually need to know.

When can police arrest without a warrant?

Section 35 of the BNSS lays out the specific situations where this is allowed — largely centred around cognizable offences and a few other defined circumstances. It isn’t a blanket power; it only applies where the law specifically permits it.

 What makes an offence “cognizable”?

In simple terms, a cognizable offence is one serious enough that the police can register a case and start investigating on their own, without needing a Magistrate’s go-ahead first. Depending on the facts, this is also usually where arrest without a warrant becomes possible.

 An FIR doesn’t automatically mean arrest

This is worth repeating: just because someone has filed a complaint or an FIR has been registered doesn’t mean arrest is the default next step. The law expects police to actually assess whether an arrest is necessary — not treat it as a formality.

 Sometimes, it’s a notice — not an arrest

For a range of situations, the police are expected to issue a notice asking a person to join the investigation, rather than arresting them outright. If you receive one, take it seriously and cooperate — but know that a notice is not the same as an arrest, and shouldn’t automatically escalate into one.

You have the right to know why (Section 47, BNSS)

If you are arrested, you are entitled to be told the grounds for your arrest and the specifics of the offence you are accused of. This isn’t optional courtesy — it is a legal requirement.

 Someone must be informed (Section 48, BNSS)

The police are required to notify a relative, friend, or another person you nominate about your arrest and where you are being held. You shouldn’t simply “disappear” from the system.

 You can call a lawyer — and meet one (Section 38, BNSS)

You have the right to consult an advocate of your choice and to have them present during questioning. This is one of the most important protections available, and it applies from a very early stage.

The 24-hour rule (Section 58, BNSS)

Barring specific exceptions, the police cannot hold someone in custody for more than 24 hours without producing them before a Magistrate. Travel time to court doesn’t count against that clock — but beyond it, continued detention needs judicial sanction.

 If You Are Ever Arrested

Stay calm — resisting or arguing with the police at the point of arrest rarely helps and can complicate things further. Ask clearly why you are being arrested. Make sure a family member or someone you trust is informed. And contact a lawyer as early as possible — the sooner legal advice is involved, the better your position.

The Bottom Line

Arrest without a warrant is a real power the police have — but it is not an unchecked one. The BNSS builds in specific safeguards precisely because arrest is a serious step, not a routine one. Knowing where those lines sit is often the difference between a stressful situation and a manageable one.

 Need Legal Guidance on Arrest or Your Rights ? Get in touch with RB & Y Associates LLP