(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.
Bharatiya Nagarik Suraksha Sanhita
Section 55
Procedure when police officer deputes subordinate to arrest without warrant
⚡ Quick Answer Reference: Section 55 BNSS
- Provision: Section 55 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 explains the procedure a police officer must follow when asking a subordinate to arrest someone without a warrant. The officer must give a written order with the person's name and the reason for the arrest.
What does Section 55 of BNSS say?
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What does Section 55 of BNSS mean?
Plain English Explanation
This section explains the procedure a police officer must follow when asking a subordinate to arrest someone without a warrant. The officer must give a written order with the person's name and the reason for the arrest.
Practical Interpretation
In practice, this section ensures that arrests without warrants are made with proper authorization and notification to the person being arrested, maintaining transparency and accountability within the police force.
Core Legal Purpose
The core purpose is to regulate and standardize the process of arrest without a warrant, ensuring that it is done lawfully and with necessary oversight, protecting individual rights and preventing abuse of power.
- •A written order from a superior officer is required for a subordinate to make an arrest without a warrant.
- •The written order must specify the person to be arrested and the offence or cause for the arrest.
- •The key legal test is whether the person can lawfully be arrested without a warrant, and the arresting officer must notify the person of the arrest reason and show the order if requested.
- •The key exception is the power of a police officer to arrest under section 35, which remains unaffected by this section.
Practical Example of Section 55 BNSS
For instance, if Officer Amit, in charge of a police station, needs Officer Rajesh to arrest Priya without a warrant, Amit must give Rajesh a written order stating Priya's name and the reason for the arrest. Before arresting Priya, Rajesh must inform her of the reason and show her the order if she asks to see it.
Frequently Asked Questions about Section 55 BNSS
Q: What is the punishment or consequence under Section 55 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 their subordinates within the context of their duties, not to private individuals or public entities in general.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedure for arrest without a warrant. Therefore, it does not classify an offence as bailable or cognizable.
Common Questions about Section 55 BNSS
What is Section 55 of BNSS?
Section 55 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when police officer deputes subordinate to arrest without warrant". In plain terms: This section explains the procedure a police officer must follow when asking a subordinate to arrest someone without a warrant. The officer must give a written order with the person's name and the reason for the arrest.
What is the punishment under Section 55 of BNSS?
Section 55 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 55 of BNSS bailable or non-bailable?
Whether Section 55 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 55 of BNSS?
The essential elements of Section 55 of BNSS are: A written order from a superior officer is required for a subordinate to make an arrest without a warrant.; The written order must specify the person to be arrested and the offence or cause for the arrest.; The key legal test is whether the person can lawfully be arrested without a warrant, and the arresting officer must notify the person of the arrest reason and show the order if requested..
Landmark Judgments under Section 55 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 55
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