What Is BNSS Section 55?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 55: Procedure When Police Officer Deputes Subordinate to Arrest Without Warrant

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

Brief Detail

This section outlines the procedure for a police officer delegating the authority to arrest a person without a warrant. It requires the officer in charge to provide a written order detailing the individual to be arrested and the reason for the arrest. The subordinate officer must inform the person of the order and show it if requested. Additionally, this section clarifies that it does not interfere with a police officer's powers under section 35.

Question & Answers

Q1: What must a police officer provide when delegating an arrest?

A1: The officer must deliver a written order specifying the person to be arrested and the offence or cause for the arrest.

Q2: What is the responsibility of the officer making the arrest?

A2: The officer must notify the person to be arrested of the substance of the order and show it if requested.

Q3: Does this section affect other powers of police officers?

A3: No, this section does not affect the power of a police officer to arrest a person under section 35.

Q4: Can an arrest be made without the presence of the officer in charge?

A4: Yes, a subordinate officer can make an arrest without the officer in charge being present, as long as the proper procedure is followed.

Example

1. Scenario 1: A police officer needs to arrest a suspect but cannot be present. He issues a written order to a subordinate officer, detailing the suspect and the offence, which the subordinate uses to make the arrest.
2. Scenario 2: A subordinate officer approaches a person for arrest. Before proceeding, he informs the individual about the order and shows it to him upon request.
3. Scenario 3: A police officer arrests an individual for a different offence as permitted under section 35, while still following the protocols established in this section.

Summary

Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023, defines the process for a police officer to delegate the authority to arrest someone without a warrant. It emphasizes the necessity of providing written orders and ensuring that the individual to be arrested is informed appropriately. This section maintains the authority of police officers to make arrests as outlined in other sections.