Section 47 BNSS: Person arrested to be informed of grounds of arrest and of right to bail
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 47 BNSS at a Glance
Section 47 BNSS deals with person arrested to be informed of grounds of arrest and of right to bail. It replaced Section 50 CrPC on 1 July 2024. Popularly called grounds of arrest. Grounds of arrest must be communicated forthwith; the text is unchanged.
Section 47 BNSS Bare Act Text
(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.
Source: Section 47, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 47 BNSS in Simple Words
Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects a person arrested without warrant by requiring that he be told at once why he is arrested and, in some cases, that he is entitled to bail.
Every police officer or other person who arrests any person without warrant shall forthwith communicate to that person the full particulars of the offence or other grounds for the arrest.
In addition, where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, Section 47 BNSS requires the officer to inform the arrested person of the entitlement to be released on bail and the option to arrange for sureties.
When Section 47 BNSS Applies
- Every police officer or other person who arrests any person without warrant is bound by the duty under Section 47(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The police officer or other person making the arrest without warrant shall forthwith communicate to the arrested person the full particulars of the offence or other grounds for the arrest under Section 47(1) BNSS.
- A police officer who arrests without warrant any person other than a person accused of a non-bailable offence is subject to the duty in Section 47(2) BNSS.
- When making such an arrest, the police officer shall inform the arrested person of the entitlement to be released on bail and that the person may arrange for sureties on his behalf under Section 47(2) BNSS.
Time Limits Under Section 47 BNSS
- Under Section 47(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer or other person making an arrest without warrant shall communicate the full particulars of the offence or other grounds for the arrest forthwith.Act text: โshall forthwith communicate to him full particulars of the offenceโ
Example of Section 47 BNSS
When Section 47 BNSS Does Not Apply
- Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when an arrest is not made without warrant.
- The duty under Section 47(2) BNSS to inform the arrested person of the entitlement to bail and of arranging sureties does not apply when the arrest without warrant is made by a person other than a police officer.
- The duty under Section 47(2) BNSS to inform the arrested person of the entitlement to be released on bail and that he may arrange for sureties does not apply when the person arrested without warrant is accused of a non-bailable offence.
Section 47 BNSS in the CrPC (Previous Law)
Section 47 BNSS replaced Section 50 CrPC from 1 July 2024.
Section 50 of the Code of Criminal Procedure, 1973 became Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The only difference between Section 50 CrPC and Section 47 BNSS is the renumbering of the section, which is a change of form. Every word of the title, Section 50(1) CrPC, and Section 50(2) CrPC is preserved without alteration in Section 47(1) BNSS and Section 47(2) BNSS. Both the duty to forthwith communicate the grounds of arrest without warrant and the duty to inform about bail remain unchanged.
Each sub-section below names its own source.
FAQs on Section 47 BNSS
Who shall communicate the grounds of arrest under Section 47 BNSS?โผ
Section 47(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 imposes the duty on every police officer and any other person who arrests any person without warrant. Upon making the arrest without warrant, the police officer or other person shall forthwith communicate to the arrested person the full particulars of the offence for which he is arrested or other grounds for such arrest.
When shall a police officer inform the arrested person about the entitlement to bail under Section 47(2) BNSS?โผ
Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, Section 47(2) BNSS applies. In such a case, the police officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Does Section 47(2) BNSS require a police officer to inform a person accused of a non-bailable offence that he is entitled to bail?โผ
No, Section 47(2) BNSS applies only where a police officer arrests without warrant any person other than a person accused of a non-bailable offence. Even so, under Section 47(1) BNSS, every police officer or other person arresting any person without warrant shall still forthwith communicate to him the full particulars of the offence or other grounds for such arrest.
What changed in Section 47 BNSS compared to Section 50 CrPC from 1 July 2024?โผ
From 1 July 2024, Section 50 CrPC became Section 47 BNSS, and Section 50(2) CrPC became Section 47(2) BNSS. This change is only of form through renumbering. Every word of the rule remains identical. Under Section 47(1) BNSS and Section 47(2) BNSS, the duty to forthwith communicate the grounds of an arrest without warrant and the duty of a police officer to inform the arrested person about the entitlement to bail and sureties are unchanged.
Section 47 BNSS: Sub-sections Explained
Section 47(1) BNSS: Person arrested to be informed of grounds of arrest and of right to bail
โถ
Bare Act Text
(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.
Section 47(2) BNSS: Person arrested to be informed of grounds of arrest and of right to bail
โถ
Bare Act Text
(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.
Previous Law
CrPC 50(2) โ Section 47(2) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท