Section 47 BNSS: Person arrested to be informed of grounds of arrest and of right to bail (Formerly Section 50 CrPC)

Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023: Person arrested to be informed of grounds of arrest and of right to bail

Official Bare Act Text

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

(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

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

Bailable Offence Sec 2(1)(a) Arrest Sec 35 Bail Sec 478

Legal Commentary & Landmark Judgments: Section 47

Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that every person arrested without warrant must be informed immediately of full grounds of arrest and their right to bail.

Sub-Section (1) Provision: Sub-section (1) imposes an unconditional statutory obligation on the arresting police officer to communicate forthwith to the arrested person full particulars of the offence for which they are arrested or other grounds for such arrest.
Bail & Custodial Standards: Sub-section (2) creates an essential safeguard for bailable offences: the officer must inform the person that they are entitled to be released on bail and that they may arrange for sureties.

This procedural mandate directly enforces Article 22(1) of the Constitution.

Key Landmark Precedents:

Pankaj Bansal v. Union of India (2023) SCC OnLine SC 1244: The Supreme Court held that the grounds of arrest must be communicated in writing to the arrested person without exception; verbal or cryptic communication violates Article 22(1) and invalidates detention.
Prabir Purkayastha v. State (NCT of Delhi) 2024 SCC OnLine SC 934: Ruled that failure to provide written grounds of arrest to the accused or their counsel prior to or at the time of remand invalidates the arrest and subsequent remand order, requiring immediate release.
In re Madhu Limaye (1969) 1 SCC 292: Held that detention without informing grounds of arrest is unconstitutional and renders the custody void ab initio.

Legal Commentary:

Section 47 is an indispensable procedural right. The Supreme Court's authoritative rulings in Pankaj Bansal and Prabir Purkayastha make written communication of grounds of arrest non-negotiable. Defense counsel must immediately verify whether written grounds were served; absence of written grounds provides an open gateway for habeas corpus and discharge.