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BNSS, 2023
Start Practicing
BNSSChapter VSection 48
Section48

Obligation of person making arrest to inform about arrest, etc., to relative or friend

AI Assist

Summary

When a person is arrested, the arresting police officer or other arresting person must immediately tell a relative, friend or any person nominated by the arrested person where the arrestee is being held, and also notify the district designated police officer. The arrested person must be told about this right as soon as they reach the police station. The names of those informed must be entered in a police-station book, and the magistrate must check these formalities when the arrested person is produced.

Example

Priya is arrested for a shop dispute and taken to the police station. The officer tells her she can name someone, calls her sister, and records the sister's name in the station book. When Priya is produced before the magistrate, the magistrate checks that the call and the station entry were made.

Bare Act

Enacted text

(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.

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 47Person arrested to be informed of grounds of arrest and of right to bailNext · Section 49Search of Arrested person