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THE HEALTH SECURITY SE NATIONAL SECURITY CESS ACT, 2025

CHAPTER VII - INSPECTION, SEARCH AND SEIZURE


Section 26 - Power to arrest.

26. Power to arrest.—

(1) Where a proper officer, not below the rank of Commissioner, has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 18 which is punishable under the said sub-section or 1[sub-section (2)]1  of the said section, he may, by order, authorise any other proper officer below him to arrest such person.

(2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 19, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty-four hours.

(3) Subject to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023,– 

(a) where a person is arrested under sub-section (1) for any offence specified under sub-section (5) of section 19, he shall be admitted to bail or in default of bail, be forwarded to the custody of the Magistrate;

(b) in the case of a non-cognizable and bailable offence, the proper officer not below the rank of Assistant Commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station.


Notes:

1. Corrected vide Corrigenda dated 08-01-2026 for "sub-section (3)"