Section 55 BNSS: Procedure when police officer deputes subordinate to arrest without warrant
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 55 BNSS at a Glance
Section 55 BNSS deals with procedure when police officer deputes subordinate to arrest without warrant. It replaced Section 55 CrPC on 1 July 2024.
Section 55 BNSS Bare Act Text
(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 and 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.
Source: Section 55, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 55 BNSS in Simple Words
Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure when a police officer deputes a subordinate to arrest without warrant. 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.
Before making the arrest, the officer so required shall notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. Section 55(2) BNSS states that nothing in Section 55(1) BNSS shall affect the power of a police officer to arrest a person under Section 35 BNSS.
When Section 55 BNSS Applies
- Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of any officer in charge of a police station or any police officer making an investigation under Chapter XIII who requires any officer subordinate to him to arrest without a warrant, otherwise than in his presence.
- Section 55(1) BNSS speaks of the arrest of any person who may lawfully be arrested without a warrant.
- Under Section 55(1) BNSS, the deputing officer 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.
- Under Section 55(1) BNSS, 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.
- Under Section 55(2) BNSS, nothing in Section 55(1) BNSS shall affect the power of a police officer to arrest a person under Section 35 BNSS.
Example of Section 55 BNSS
When Section 55 BNSS Does Not Apply
- Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of an arrest without a warrant made otherwise than in the presence of the deputing officer. It does not deal with an arrest made by the subordinate officer in the presence of the deputing officer.
- Section 55(1) BNSS speaks of a person who may lawfully be arrested without a warrant. It does not deal with a person who may not lawfully be arrested without a warrant.
- Section 55(1) BNSS speaks of an officer in charge of a police station or a police officer making an investigation under Chapter XIII. It does not deal with a deputation by a police officer who is neither.
Section 55 BNSS in the CrPC (Previous Law)
Section 55 BNSS replaced Section 55 CrPC from 1 July 2024.
Section 55 of the Code of Criminal Procedure, 1973 became Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 55(1) BNSS reads an investigation under Chapter XIII where Section 55(1) CrPC read Chapter XII, and Section 55(2) BNSS reads Section 35 BNSS where Section 55(2) CrPC read Section 41 CrPC. Each new reference is to the corresponding chapter or section of the Sanhita. The rest of the wording is the same.
Each sub-section below names its own source.
FAQs on Section 55 BNSS
Who may direct a subordinate officer to arrest without a warrant under Section 55 BNSS?▼
Under Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any officer in charge of a police station or any police officer making an investigation under Chapter XIII may require 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.
What details must be included in the written order under Section 55(1) BNSS?▼
Under Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the order in writing delivered to the officer required to make the arrest shall specify the person to be arrested and the offence or other cause for which the arrest is to be made.
What must the subordinate officer do before making an arrest under Section 55(1) BNSS?▼
Under Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
Does Section 55(1) BNSS affect the power of a police officer to arrest under Section 35 BNSS?▼
No. Section 55(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that nothing in Section 55(1) BNSS shall affect the power of a police officer to arrest a person under Section 35 BNSS.
What changed from Section 55 CrPC to Section 55 BNSS from 1 July 2024?▼
From 1 July 2024, Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 55 of the Code of Criminal Procedure, 1973, with the same heading. Section 55(1) BNSS reads an investigation under Chapter XIII where Section 55(1) CrPC read Chapter XII, and Section 55(2) BNSS reads arrest a person under Section 35 BNSS where Section 55(2) CrPC read Section 41 CrPC. These are the chapter and section of the Sanhita that correspond to the ones named in the Code. The rest of the wording is the same.
Section 55 BNSS: Sub-sections Explained
Section 55(1) BNSS: Procedure when police officer deputes subordinate to arrest without warrant
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Bare Act Text
(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 and 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.
Section 55(2) BNSS: Procedure when police officer deputes subordinate to arrest without warrant
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Bare Act Text
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·