'A' is accused of bigamy under Section 82(1) of the Bharatiya Nyaya Sanhita, 2023. Applying the…

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies bigamy under section 82(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 494 IPC) as non-cognizable and bailable. Under section 35(2), police therefore lack authority to arrest without a warrant merely on that accusation.

Why not "A police officer can arrest at his discretion."? Police discretion does not replace the legal authority required for arrest. The offence's non-cognizable classification restricts warrantless arrest in the stated setting. An officer cannot create that power simply by choosing to act, even if the allegation appears credible or the complainant requests urgent action.

Why not "A police officer has authority to arrest without a warrant."? This claim treats bigamy as if the First Schedule made it cognizable. The stated offence is instead non-cognizable, so its allegation does not confer the ordinary warrantless arrest power.

Why not "An arrest can be made on the request of the complainant."? A complainant's request can bring an allegation to the authorities but does not itself supply lawful arrest authority. The statutory classification and required process still govern. Treating the request as sufficient would bypass the warrant requirement applicable to the non-cognizable offence specified in the question.