BNSS Code Section 56
Code:
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:
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) emphasizes the responsibility of those in custody of an accused person to ensure their well-being. It mandates that they take all necessary steps to protect the accused’s health and safety.
Illustration:
- Providing adequate medical care to an accused person who falls ill.
- Ensuring the safety of the accused from harm, including preventing self-harm or attacks from other detainees.
- Maintaining sanitary and hygienic conditions in the detention facility.
- Providing appropriate food and water to the accused.
Common Questions and Answers:
Q: What constitutes “reasonable care”?
A: “Reasonable care” implies taking all necessary precautions to safeguard the accused’s health and safety. This may vary depending on the individual circumstances of the accused, their medical condition, and the nature of the detention facility.
Q: What happens if this duty is violated?
A: Violation of this section can result in disciplinary action against the person responsible for the custody of the accused. In serious cases, it may also constitute a criminal offense.
Q: Does this apply to all types of detention facilities?
A: Yes, this section applies to all detention facilities, including police stations, jails, and other places where accused persons are held in custody.
