Section 48 BNSS: Obligation of person making arrest to inform about arrest, etc., to relative or friend (Formerly Section 50A CrPC)

Section 48 of Bharatiya Nagarik Suraksha Sanhita, 2023: Obligation of person making arrest to inform about arrest, etc., to relative or friend

Official Bare Act Text

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

(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.

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

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 48

Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 imposes a mandatory statutory obligation to inform a nominated relative or friend about an arrest and the place of detention.

Core Legal Standard: Section 48 mandates that every police officer or other person making an arrest under the Sanhita shall forthwith give information regarding such arrest and place where the arrested person is being held to any of their friends, relatives, or nominated persons.
Statutory Rights & Obligations: The officer must inform the arrested person of this statutory right as soon as they are brought to the police station and record the particulars of the person informed in a designated register.

The Magistrate before whom the accused is produced is under a statutory duty to satisfy themselves that the requirements of this section have been complied with.

Key Landmark Precedents:

Joginder Kumar v. State of U.P. (1994) 4 SCC 260: The Supreme Court recognized the fundamental right of an arrested individual under Articles 21 and 22 to have an identified friend or relative notified of their arrest and place of custody immediately.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Codified the obligation of police to inform nominated relatives within eight to twelve hours, establishing judicial accountability for secret detentions.

Legal Commentary:

Section 48 ensures that an arrest does not occur in secrecy. By obligating the remand Magistrate to actively verify compliance before authorizing initial detention, Section 48 provides a vital safeguard against incommunicado interrogation.