BNSS Code Section 48: Informing Relatives of Arrest
This section deals with the crucial obligation of the police to inform the relatives or nominated individuals about the arrest of a person. It emphasizes transparency and ensures the arrested person’s rights are respected.
1. Code:
(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.
2. Explanation:
- Mandatory Informing: The police officer or anyone making an arrest must immediately inform the arrested person’s relatives, friends, or nominated individuals about the arrest and the place of detention.
- Designated Officer: The information must also be provided to the designated police officer in the district.
- Informational Rights: The arrested person must be informed of their rights to have these individuals notified as soon as they are brought to the police station.
- Record Keeping: A record of who was informed about the arrest must be kept in a specific book at the police station, as per state rules.
- Magistrate’s Role: The Magistrate must verify that the arrested person was indeed informed about their rights and that proper record keeping occurred.
3. Illustration:
Imagine Mr. X is arrested for a minor offense. The police officer must immediately call Mr. X’s family or any other contact he provides and tell them about the arrest and where he is being taken. The officer must also inform Mr. X about his right to have this information relayed to his loved ones. The police station will keep a record of the contact information and the time the notification was given.
4. Common Questions and Answers:
Q: What happens if the police fail to inform the relatives?
A: The failure to comply with this section may be considered a violation of the arrested person’s rights and could potentially lead to legal challenges.
Q: Can the arrested person refuse to provide contact information?
A: While the arrested person has the right to remain silent, refusing to provide contact information could hinder the police’s ability to notify their relatives.
Q: What if the arrested person is a minor or is unable to communicate?
A: In such cases, the police must make reasonable efforts to locate and inform a guardian or someone who can act on their behalf.
