Section 56 BNSS: Health and safety of arrested person (Formerly Section 55A CrPC)

Section 56 of Bharatiya Nagarik Suraksha Sanhita, 2023: Health and safety of arrested person

Official Bare Act Text

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

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.

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)

Legal Commentary & Landmark Judgments: Section 56

Section 56 mandates that 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.

Affirmative Duty of Care: Imposes a positive, non-delegable statutory obligation on custodial police and jail authorities.
Health and Safety: Requires providing necessary medical attention, preventing custodial violence, and ensuring sanitary lockup conditions.
Custodial Liability: Custodial deaths or grievous injuries establish prima facie breach of statutory duty, attracting judicial inquiry and compensation.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: The Supreme Court held that custodial torture is a naked violation of human dignity, laying down comprehensive guidelines and establishing state liability for custodial deaths.
Sube Singh v. State of Haryana (2006) 3 SCC 178: The Apex Court reaffirmed that custodial violence violates Article 21, awarding constitutional compensation to victims of police atrocities.
Nilabati Behera v. State of Orissa (1993) 2 SCC 746: Held that prisoners and detainees do not shed their fundamental rights, and the state is under a strict duty to preserve their health and safety.

Courtroom Practice & Strategic Litigation Guidance:

Whenever an accused is subjected to custodial beating, immediately invoke Section 56 read with Section 53 BNSS before the remand magistrate, requesting immediate medical examination and photography of injuries by a government civil surgeon.