Section 55 BNSS: Procedure when police officer deputes subordinate to arrest without warrant (Formerly Section 55 CrPC)

Section 55 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure when police officer deputes subordinate to arrest without warrant

Official Bare Act Text

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

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

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

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 55

Section 55 prescribes the mandatory procedure when an officer in charge of a police station or an investigating officer deputes a subordinate police officer to arrest any person without a warrant.

Written Deputation Order: The superior officer must deliver to the subordinate an order in writing specifying the person to be arrested and the offence.
Notification of Substance: Subordinate officer must, before making the arrest, notify to the person to be arrested the substance of the order.
Exhibition on Demand: Duty to show the written order if required by the arrestee; failure renders the arrest unlawful.

Key Landmark Precedents:

State of U.P. v. Ram Swarup (1974) 4 SCC 764: Held that a subordinate police officer cannot arrest without a warrant on the verbal instruction of a station in-charge; the written order under Section 55 CrPC (Section 55 BNSS) is a mandatory condition precedent.
Kartar Singh v. State of Punjab (1994) 3 SCC 569: Affirmed that procedural arrest safeguards prevent arbitrary custodial detention.

Courtroom Practice & Strategic Litigation Guidance:

In cross-examination of the arresting head constable or constable, call for the written order under Section 55. If the subordinate admits arresting the client purely on 'oral phone instructions' without written order, the arrest is illegal.