Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 47: Person Arrested to Be Informed of Grounds of Arrest and of Right to Bail
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Brefe Detail
This section mandates that any police officer or person making an arrest without a warrant must promptly inform the arrested individual about the specific offence and reasons for the arrest. Additionally, if the arrest is not related to a non-bailable offence, the officer must inform the individual of their right to bail and the option to arrange for sureties.
Question & Answers
What must a police officer communicate to a person arrested without a warrant?
The police officer must communicate the full particulars of the offence for which the person is arrested or the grounds for such arrest.
What information is provided to a person arrested for a non-bailable offence?
The person arrested for a non-bailable offence does not receive information about bail rights, as they are not entitled to bail.
What should a police officer inform a person arrested for a bailable offence?
The police officer should inform them that they are entitled to be released on bail and can arrange for sureties.
Example
1. If a person is arrested for theft, the police officer must inform them of this offence and the reasons for their arrest.
2. If a person is arrested for a minor offence that is bailable, the officer must inform them about their right to bail and the procedure for obtaining sureties.
Summary
Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizes the obligation of police officers to inform arrested individuals of the reasons for their arrest and their rights regarding bail, particularly distinguishing between bailable and non-bailable offences.
