(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Bharatiya Nagarik Suraksha Sanhita
Section 47
Person arrested to be informed of grounds of arrest and of right to bail
Englishहिंदी
⚡ Quick Answer Reference: Section 47 BNSS
- Provision: Section 47 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: When a police officer arrests someone without a warrant, they must immediately tell the person why they were arrested and that they have the right to be released on bail. If the person is accused of a non-bailable offence, the officer must inform them that they can arrange for sureties on their behalf.
Statutory Content
What does Section 47 of BNSS say?
Indian StandardSection 47, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 47 (India)
Court Pleading StandardSection 47 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/47
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 47 of BNSS mean?
Plain English Explanation
When a police officer arrests someone without a warrant, they must immediately tell the person why they were arrested and that they have the right to be released on bail. If the person is accused of a non-bailable offence, the officer must inform them that they can arrange for sureties on their behalf.
Practical Interpretation
This section ensures that individuals arrested without a warrant are aware of the reasons behind their arrest and their entitlement to bail. It promotes transparency and accountability in police procedures.
Core Legal Purpose
The core purpose of this section is to safeguard the rights of individuals arrested without a warrant by providing them with essential information about their arrest and bail entitlement.
Key Legal Elements
- •The police officer must communicate the full particulars of the offence for which the person is arrested.
- •The police officer must inform the person arrested that they are entitled to be released on bail.
- •The offence must be a non-bailable offence for the police officer to inform the person arrested about their entitlement to bail.
- •The police officer must inform the person arrested that they may arrange for sureties on their behalf.
Practical Example
Practical Example of Section 47 BNSS
Rajesh, a police officer, arrests Priya without a warrant for allegedly committing a non-bailable offence. Rajesh must immediately inform Priya of the full particulars of the offence and that she is entitled to be released on bail. Rajesh must also inform Priya that she may arrange for sureties on her behalf. This ensures that Priya is aware of her rights and can take necessary steps to secure her release.
Common Questions (FAQ)
Frequently Asked Questions about Section 47 BNSS
Q: What is the punishment or consequence under Section 47 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and other individuals who arrest someone without a warrant, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
The section does not classify the offence as bailable or cognizable. However, it requires the police officer to inform the person arrested about their entitlement to bail if the offence is non-bailable.
People Also Ask (PAA)
Common Questions about Section 47 BNSS
What is Section 47 of BNSS?
Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person arrested to be informed of grounds of arrest and of right to bail". In plain terms: When a police officer arrests someone without a warrant, they must immediately tell the person why they were arrested and that they have the right to be released on bail. If the person is accused of a non-bailable offence, the officer must inform them that they can arrange for sureties on their behalf.
What is the punishment under Section 47 of BNSS?
Section 47 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 47 of BNSS bailable or non-bailable?
Whether Section 47 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 47 of BNSS?
The essential elements of Section 47 of BNSS are: The police officer must communicate the full particulars of the offence for which the person is arrested.; The police officer must inform the person arrested that they are entitled to be released on bail.; The offence must be a non-bailable offence for the police officer to inform the person arrested about their entitlement to bail..
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