Section 56 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Health And Safety Of Arrested Person.

Code: Section 56 BNSS

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.

---

Explanation of Section 56 BNSS

Key Provisions

1. Responsibility of Custodial Authorities
   • The person in custody of the accused (police, jail authorities, or any lawful custodian) must ensure:
     ✅ Proper medical care
     ✅ Protection from harm
     ✅ Basic hygiene and nutrition
2. No Mistreatment Allowed
   • Authorities cannot subject the accused to:
     ❌ Physical abuse
     ❌ Mental torture
     ❌ Neglecting health needs
3. Legal Obligation
   • This is a mandatory duty, and failure to comply can result in legal action against the custodial authority.

---

Illustration of Section 56 BNSS

Example 1: Ensuring Proper Medical Care

Case: A suspect in police custody develops chest pain. The police immediately take them to a hospital for treatment.
✅ Lawful, as they ensured the health and safety of the accused.

Example 2: Custodial Negligence

Case: A detained person complains of severe fever, but the officers ignore the complaint, leading to their hospitalization later.
❌ Unlawful, as the officers failed to take reasonable care of the accused.

Example 3: Prevention of Harm

Case: A prisoner is attacked by fellow inmates, and the authorities fail to intervene.
❌ Violation, as they failed to ensure safety.

---

Common Questions and Answers on Section 56 BNSS

1. Who is responsible for the health and safety of an accused in custody?

✅ The police, jail officials, or any lawful custodian are responsible for ensuring health and safety.

2. Can an accused person request medical attention in custody?

✅ Yes. Authorities must provide necessary medical treatment if requested.

3. What happens if authorities fail to take care of an accused’s health?

✅ Legal action can be taken against negligent officials under human rights laws and court orders.

4. Does this duty apply to both police custody and jail custody?

✅ Yes. It applies to all forms of legal custody.

5. Can family members demand medical care for an accused?

✅ Yes. If an accused is denied medical care, family members can file a complaint.

---

Conclusion

Section 56 BNSS ensures:
✅ Protection of accused persons in custody
✅ Medical care and basic rights
✅ Legal accountability for negligence

For more legal insights, visit ApniLaw! 🚀