(1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.
Bharatiya Nagarik Suraksha Sanhita
Section 48
Obligation of person making arrest to inform about arrest, etc., to relative or friend
⚡ Quick Answer Reference: Section 48 BNSS
- Provision: Section 48 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: This section requires police officers to inform a relative, friend, or nominated person about an arrest and where the arrested person is being held. The arrested person must also be informed of their rights.
What does Section 48 of BNSS say?
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What does Section 48 of BNSS mean?
Plain English Explanation
This section requires police officers to inform a relative, friend, or nominated person about an arrest and where the arrested person is being held. The arrested person must also be informed of their rights.
Practical Interpretation
In practice, this section ensures that arrested individuals' families or friends are notified promptly, and the arrested person is aware of their rights, promoting transparency and accountability in the arrest process.
Core Legal Purpose
The core purpose is to safeguard the rights of arrested persons by ensuring they and their loved ones are informed, thus preventing potential abuses of power and promoting a fair and just process.
- •The person making the arrest must give information about the arrest and the place of detention to a relative, friend, or nominated person.
- •The arrested person must be informed of their rights as soon as they are brought to the police station.
- •A record of who was informed about the arrest must be kept in a police station book.
- •The Magistrate must verify that these requirements have been met before the arrested person is produced.
Practical Example of Section 48 BNSS
Rajesh is arrested by the police. As per this section, the police must immediately inform Rajesh's nominated friend, Priya, about the arrest and where Rajesh is being held. The police must also inform Rajesh of his rights when he is taken to the police station. A record of informing Priya must be made in the police station's book, and the Magistrate will later verify that these steps were followed when Rajesh is produced in court.
Frequently Asked Questions about Section 48 BNSS
Q: What is the punishment or consequence under Section 48 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 persons making arrests under the BNSS, which implies public entities or individuals acting under legal authority.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence in terms of bailability or cognizability; it outlines procedural requirements for arrests.
Common Questions about Section 48 BNSS
What is Section 48 of BNSS?
Section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Obligation of person making arrest to inform about arrest, etc., to relative or friend". In plain terms: This section requires police officers to inform a relative, friend, or nominated person about an arrest and where the arrested person is being held. The arrested person must also be informed of their rights.
What is the punishment under Section 48 of BNSS?
Section 48 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 48 of BNSS bailable or non-bailable?
Whether Section 48 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 48 of BNSS?
The essential elements of Section 48 of BNSS are: The person making the arrest must give information about the arrest and the place of detention to a relative, friend, or nominated person.; The arrested person must be informed of their rights as soon as they are brought to the police station.; A record of who was informed about the arrest must be kept in a police station book..
Landmark Judgments under Section 48 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 48
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