Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 48: Obligation of Person Making Arrest to Inform About Arrest, Etc., to Relative or Friend
(1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and the 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.
Brefe Detail
Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the obligations of police officers during an arrest. Key points include the requirement to inform relatives or friends of the arrested individual about the arrest and its location, to inform the arrested person of their rights, and to document who was informed. Additionally, it mandates that a Magistrate verify compliance with these requirements.
Question & Answers
Q1: What is the obligation of a police officer making an arrest under this Sanhita?
A1: A police officer must inform the arrested person’s relatives, friends, or nominated persons about the arrest and where the individual is being held.
Q2: When should the arrested person be informed of their rights?
A2: The police officer must inform the arrested person of their rights as soon as they are brought to the police station.
Q3: How is the information about who has been informed of the arrest documented?
A3: An entry must be made in a book at the police station in a format specified by the State Government.
Q4: What is the duty of the Magistrate regarding compliance with these obligations?
A4: The Magistrate must ensure that the requirements of informing the arrested person of their rights and documenting who was informed have been fulfilled.
Example
- Example 1: If a police officer arrests an individual, they must immediately contact the individual’s family or designated friend to inform them of the arrest and location.
- Example 2: Upon arrival at the police station, the arrested person is informed of their rights, which could include the right to legal counsel.
- Example 3: The police must maintain a record of who was informed about the arrest in a designated book at the police station.
Summary
Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the responsibilities of police officers during an arrest, emphasizing the need for timely communication with relatives or friends of the arrested person and the documentation of this process. It also mandates that arrested individuals be informed of their rights, with oversight by a Magistrate to ensure compliance.
