Section 56 BNSS 2023: Health and Safety of Arrested Person
Section 56 of the Bharatiya Nagarik Suraksha Sanhita, 2023 imposes a direct duty on the person having custody of an accused to take reasonable care of the accused's health and safety. Although the statutory provision is brief, it forms an important custody safeguard within Chapter V of the BNSS dealing with arrest of persons.
What is Section 56 BNSS?
Section 56 creates a statutory responsibility during custody. Once an accused is in the custody of a person, that custodian must take reasonable care of the accused's health and safety. The duty is framed broadly and applies to the person who actually has custody of the accused.
Key legal terms under Section 56
Person having custody: The person who has legal or actual custody of the accused at the relevant time and on whom Section 56 places the duty of reasonable care.
Accused: A person accused of an offence who is in custody. The statutory wording uses the expression "accused" rather than limiting the safeguard to a particular category of offence.
Reasonable care: Care that is appropriate and proportionate to the circumstances. Section 56 does not prescribe a fixed checklist; the required steps depend on the condition of the accused and the circumstances of custody.
Health and safety: The physical well-being and protection of the accused while in custody. Other BNSS provisions concerning medical examination and arrest safeguards may also become relevant depending on the facts.
Text of Section 56 - Health and safety of arrested person
56. 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.
Who is responsible under Section 56?
The statutory duty falls on the "person having the custody of an accused." The wording focuses on custody itself rather than naming only one category of public officer. Responsibility therefore attaches to the person who has custody at the relevant time, subject to the applicable legal framework governing that custody.
What does reasonable care mean?
Section 56 does not define "reasonable care" or set out an exhaustive list of measures. The standard must therefore be applied according to the circumstances. Factors such as an apparent injury, illness, vulnerability, need for medical attention, environmental conditions and risks to physical safety may be relevant when determining what reasonable care requires in a particular situation.
Health protection during custody
The duty under Section 56 concerns the accused's health throughout the period in which the relevant person has custody. Where medical examination is required or appropriate under the BNSS, nearby provisions such as Section 53 BNSS may operate alongside Section 56.
Safety of the accused
The provision separately refers to safety as well as health. The custodian must therefore take reasonable care to protect the accused from avoidable risks to physical safety while in custody. The exact measures required depend on the circumstances and other applicable legal duties.
Section 56 and medical examination under Section 53
Section 53 BNSS requires medical examination of an arrested person soon after arrest and requires documentation of injuries or marks of violence. Section 56 is broader in a different sense: it imposes an ongoing duty of reasonable care for health and safety on the person having custody of the accused.
Section 56 and production before Magistrate
The duty under Section 56 operates alongside Section 57 BNSS, which deals with taking or sending a person arrested without warrant before the competent Magistrate or officer in charge of a police station without unnecessary delay, subject to the provisions relating to bail.
Section 56 and limits on detention
The protection of health and safety is part of the broader statutory framework regulating custody after arrest. Section 58 BNSS deals with the statutory limit governing detention of a person arrested without warrant, while Section 56 addresses how the accused must be cared for during lawful custody.
Section 56 BNSS at a glance
- The provision applies when an accused is in custody.
- The duty falls on the person having custody of the accused.
- The custodian must take reasonable care of the accused's health.
- The custodian must also take reasonable care of the accused's safety.
- The section does not prescribe an exhaustive checklist of measures.
- The standard of reasonable care depends on the circumstances of custody.
- Section 56 should be read with other arrest and custody safeguards under the BNSS, including Sections 53, 57 and 58 where applicable.
Official legal resources
This page provides general legal information. The measures required to satisfy Section 56 in an individual case depend on the facts, the condition and needs of the accused, other applicable BNSS provisions, constitutional safeguards and binding judicial decisions.