It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.
Bharatiya Nagarik Suraksha Sanhita
Section 56
Health and safety of arrested person
Englishहिंदी
⚡ Quick Answer Reference: Section 56 BNSS
- Provision: Section 56 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: The person in charge of someone who has been arrested must take care of their health and safety.
Statutory Content
What does Section 56 of BNSS say?
Indian StandardSection 56, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 56 (India)
Court Pleading StandardSection 56 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/56
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 56 of BNSS mean?
Plain English Explanation
The person in charge of someone who has been arrested must take care of their health and safety.
Practical Interpretation
This section means that the person responsible for an arrested person's custody must ensure their basic needs are met, such as providing food, water, and medical attention if needed.
Core Legal Purpose
The core purpose of this section is to protect the health and safety of arrested individuals by placing a duty on those responsible for their custody.
Key Legal Elements
- •The person having the custody of an accused must take reasonable care.
- •The duty to take care of the accused's health and safety is a reasonable one.
- •Reasonableness is the key legal test or threshold standard.
- •There are no key exceptions or limitations under this section.
Practical Example
Practical Example of Section 56 BNSS
Rajesh, a police officer, is in charge of an arrested person, Amit. Amit has a pre-existing medical condition and needs regular medication. Rajesh must ensure that Amit receives his medication and has access to medical attention if needed. If Rajesh fails to do so, he may be held accountable for any harm caused to Amit.
Common Questions (FAQ)
Frequently Asked Questions about Section 56 BNSS
Q: What is the punishment or consequence under Section 56 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of non-compliance would depend on the specific circumstances and applicable laws.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, such as law enforcement agencies, as they are responsible for the custody of arrested individuals.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create a criminal offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 56 BNSS
What is Section 56 of BNSS?
Section 56 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Health and safety of arrested person". In plain terms: The person in charge of someone who has been arrested must take care of their health and safety.
What is the punishment under Section 56 of BNSS?
Section 56 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 56 of BNSS bailable or non-bailable?
Whether Section 56 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 56 of BNSS?
The essential elements of Section 56 of BNSS are: The person having the custody of an accused must take reasonable care.; The duty to take care of the accused's health and safety is a reasonable one.; Reasonableness is the key legal test or threshold standard..
Landmark Case Laws
Landmark Judgments under Section 56 BNSS
Patnahcucisdb94 High Court (10 8)
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