Section 48 BNSS: Obligation of person making arrest to inform about arrest, etc., to relative or friend

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 48 BNSS at a Glance

Section 48 BNSS deals with obligation of person making arrest to inform about arrest, etc., to relative or friend. It replaced Section 50A CrPC on 1 July 2024.

Section 48 BNSS Bare Act Text

(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.

Source: Section 48, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 48 BNSS in Simple Words

Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with informing a relative or friend about an arrest. 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, and also to the designated police officer in the district.

The police officer shall inform the arrested person of these rights as soon as he is brought to the police station. An entry of who has been informed is made in a book kept in the police station, and the Magistrate before whom the arrested person is produced shall satisfy himself that these requirements have been complied with.

When Section 48 BNSS Applies

  • Under Section 48(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every police officer or other person making any arrest under this Sanhita shall 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.
  • Under Section 48(1) BNSS, the information shall also be given to the designated police officer in the district.
  • Under Section 48(2) BNSS, the police officer shall inform the arrested person of his rights under Section 48(1) BNSS.
  • Under Section 48(3) BNSS, 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.
  • Under Section 48(4) BNSS, it shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of Section 48(2) BNSS and Section 48(3) BNSS have been complied with in respect of such arrested person.

Time Limits Under Section 48 BNSS

  • Under Section 48(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the information regarding the arrest and the place where the arrested person is being held shall be given forthwith.Act text: โ€œshall forthwith give the information regarding such arrest and place where the arrested person is being heldโ€
  • Under Section 48(2) BNSS, the police officer shall inform the arrested person of his rights under Section 48(1) BNSS as soon as he is brought to the police station.Act text: โ€œas soon as he is brought to the police stationโ€

Example of Section 48 BNSS

Inspector Kavita arrests Rohan under the Bharatiya Nagarik Suraksha Sanhita, 2023. Rohan nominates Vikram, the uncle of Rohan, for the purpose of giving information of the arrest. Under Section 48(1) BNSS, Kavita shall forthwith give the information regarding the arrest and the place where Rohan is being held to Vikram, and also to the designated police officer in the district. As soon as Rohan is brought to the police station, Kavita shall inform Rohan of the rights of Rohan under Section 48(1) BNSS, and an entry that Vikram was informed shall be made in the book kept in the police station under Section 48(3) BNSS. When Rohan is produced before a Magistrate, the Magistrate shall satisfy himself under Section 48(4) BNSS that the requirements of Section 48(2) BNSS and Section 48(3) BNSS have been complied with.

When Section 48 BNSS Does Not Apply

  • Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person making an arrest and the person arrested. It does not deal with a person who has not been arrested.
  • Section 48(4) BNSS speaks of the Magistrate before whom the arrested person is produced. It does not deal with a Magistrate before whom the arrested person is not produced.

Section 48 BNSS in the CrPC (Previous Law)

Section 48 BNSS replaced Section 50A CrPC from 1 July 2024.

Section 50A of the Code of Criminal Procedure, 1973 became Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 48(1) BNSS adds that the information regarding the arrest and place where the arrested person is being held shall also be given to the designated police officer in the district. Section 48(1) BNSS reads relatives, friends where Section 50A(1) CrPC read friends, relatives, and the heading ends to relative or friend where Section 50A CrPC ended to a nominated person. Section 48(3) BNSS reads in such form as the State Government may, by rules, provide where Section 50A(3) CrPC read in such form as may be prescribed in this behalf by the State Government. Section 48(2) BNSS and Section 48(4) BNSS have the same text as Section 50A(2) CrPC and Section 50A(4) CrPC.

Each sub-section below names its own source.

FAQs on Section 48 BNSS

Who must be informed when a person is arrested under Section 48 BNSS?โ–ผ

Under Section 48(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

What duties apply at the police station after an arrest under Section 48 BNSS?โ–ผ

Under Section 48(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer shall inform the arrested person of his rights under Section 48(1) BNSS as soon as he is brought to the police station. Under Section 48(3) BNSS, an entry of the fact as to who has been informed of the arrest shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide.

What must the Magistrate check when an arrested person is produced under Section 48 BNSS?โ–ผ

Under Section 48(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of Section 48(2) BNSS and Section 48(3) BNSS have been complied with in respect of such arrested person.

What changed from Section 50A CrPC to Section 48 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 50A of the Code of Criminal Procedure, 1973. Section 48(1) BNSS adds that the information regarding the arrest and place where the arrested person is being held shall also be given to the designated police officer in the district. Section 48(1) BNSS reads relatives, friends where Section 50A(1) CrPC read friends, relatives. Section 48(3) BNSS reads in such form as the State Government may, by rules, provide where Section 50A(3) CrPC read in such form as may be prescribed in this behalf by the State Government. The heading of Section 48 BNSS ends to relative or friend where the heading of Section 50A CrPC ended to a nominated person. Section 48(2) BNSS and Section 48(4) BNSS have the same text as Section 50A(2) CrPC and Section 50A(4) CrPC.

Section 48 BNSS: Sub-sections Explained

Section 48(1) BNSS: Obligation of person making arrest to inform about the arrest, etc., to a nominated person

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 50A โ†’ Section 48(1) BNSS

Section 48(2) BNSS: Obligation of person making arrest to inform about the arrest, etc., to a nominated person

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 50A(2) โ†’ Section 48(2) BNSS

Section 48(3) BNSS: Obligation of person making arrest to inform about the arrest, etc., to a nominated person

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 50A(3) โ†’ Section 48(3) BNSS

Section 48(4) BNSS: Obligation of person making arrest to inform about the arrest, etc., to a nominated person

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 50A(4) โ†’ Section 48(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 26 Oct 2026 ยท