Section 37 BNSS: Designated police officer (Formerly Section 41C CrPC)

Section 37 of Bharatiya Nagarik Suraksha Sanhita, 2023: Designated police officer

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The State Government shall—

(a) establish a police control room in every district and at State level;

(b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Station Sec 2(1)(q) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 37

Section 37 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes designated police officers and digital registers in every district and police station to record and display arrest information.

Core Legal Standard: Section 37 mandates that the State Government shall establish a police control room in every district and at the state level.
Operational Mechanism: A designated police officer not below the rank of Assistant Sub-Inspector must maintain an official register displaying the names, addresses, and offences of all arrested persons.

In a significant modernization, BNSS Section 37 requires this information to be maintained and prominently displayed digitally outside police stations and at district headquarters, ensuring universal public transparency and eliminating secret detention.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Directed the creation of centralized district control rooms where information regarding arrests and places of custody must be communicated within twelve hours of detention.
Pooja v. State of Maharashtra (2020) SCC OnLine Bom 1245: Affirmed that digital tracking of arrests is vital to ensure habeas corpus availability and curb custodial disappearance.

Legal Commentary:

Section 37 institutionalizes digital transparency in police custody. It provides defense counsel and family members with immediate documentary verification of an arrest, preventing the prevalent police malpractice of unrecorded 'informal' detention.