Section 48 BNSS 2023: Informing Relative or Friend About Arrest
Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires information about an arrest and the place where the arrested person is being held to be given forthwith to a relative, friend or other person disclosed or nominated by the arrested person, and also to the designated police officer in the district. It also requires the arrested person to be informed of this right, the police station to record compliance, and the Magistrate to verify specified compliance.
What is Section 48 BNSS?
Section 48 creates a structured notification safeguard following arrest. It places duties on the person making the arrest, the police officer at the police station, the police station maintaining the prescribed record, and the Magistrate before whom the arrested person is produced.
Key legal terms under Section 48
Person making arrest: A police officer or other person who makes an arrest under the BNSS.
Forthwith: Without avoidable delay. Subsection (1) requires information regarding the arrest and place of detention to be given promptly.
Relative or friend: A relative or friend of the arrested person who may receive information about the arrest and place where the person is being held.
Nominated person: Another person disclosed or nominated by the arrested person for the purpose of receiving the information required by subsection (1).
Designated police officer: The police officer designated in the district for the purposes contemplated by the BNSS, including receipt of information about arrests.
Place where the arrested person is being held: The location at which the arrested person is detained after arrest and which must be communicated under subsection (1).
Text of Section 48 - Obligation to inform relative or friend
48. (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.
Who must be informed about the arrest?
Under subsection (1), information regarding the arrest and the place where the arrested person is being held must be given to any relative, friend or other person disclosed or nominated by the arrested person for that purpose. The same information must also be given to the designated police officer in the district.
What information must be communicated?
The provision requires communication of two connected facts: that the person has been arrested and the place where the arrested person is being held. The requirement is designed to prevent the arrested person's detention from being unknown to persons whom the arrested person chooses to inform.
When must the arrested person be told about this right?
Subsection (2) requires the police officer to inform the arrested person of the rights under subsection (1) as soon as the arrested person is brought to the police station. The duty to inform the arrested person is separate from the duty under subsection (1) to communicate the arrest and place of detention.
Police station record of the intimation
Under subsection (3), the police station must make an entry recording who was informed of the arrest. The form of the book is to be provided by rules made by the State Government. This creates a documentary record of compliance with the notification requirement.
Duty of the Magistrate under Section 48(4)
When the arrested person is produced before a Magistrate, subsection (4) requires the Magistrate to satisfy himself that the requirements of subsection (2) and subsection (3) have been complied with. The provision therefore adds judicial verification to the police-station compliance mechanism.
Relationship with Section 37 BNSS
Section 37 BNSS deals with the designated police officer and the maintenance and display of information relating to arrested persons. Section 48(1) specifically requires information regarding the arrest and place of detention to be supplied to the designated police officer in the district.
Relationship with Sections 46 and 47 BNSS
Section 48 forms part of the statutory safeguards surrounding arrest. Section 46 BNSS prohibits restraint beyond what is necessary to prevent escape, while Section 47 BNSS requires communication of the grounds of arrest and, in applicable cases, information regarding the right to bail.
Section 48 BNSS at a glance
- Information about the arrest and place of detention must be given forthwith.
- The information may be given to a relative, friend or another person disclosed or nominated by the arrested person.
- The designated police officer in the district must also receive the information.
- The arrested person must be informed of the right under subsection (1) as soon as brought to the police station.
- The police station must record who was informed of the arrest.
- The Magistrate must verify compliance with subsections (2) and (3) when the arrested person is produced before the court.
Official legal resources
This page provides general legal information. Compliance in an individual arrest depends on the facts, applicable State rules, the BNSS, constitutional safeguards and binding judicial directions.