Section 47: Person arrested to be informed of grounds of arrest and of right to bail
Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the duties of the police officer at the time of arrest without warrant. It explicitly provides that the arrested person shall be informed forthwith of the grounds for such arrest and his rights and entitlements under the law, including his right to bail.
Any policeman or person who detains or arrests a person shall notify the arrested person of the grounds for arrest as well as of the offense committed. It ensures that arresting authority acts with transparency and ensures that the person arrested is also fully informed about the legal ground of detention; thus, arrests are not arbitrary or unjust.
In case the crime that the arrested person committed is bailable, the police officer has to communicate with the arrested individual the right to be released through a bail application.
Additionally, the arrested person is required to be notified by the police officer that sureties may be arranged, or sureties might be arranged for the arrested individual, in order to secure release through a bail application. This implies that the persons are not arbitrarily withheld their legal liberty.
A police officer, upon effecting an arrest must inform his the relative, friend or other person known to him and indicated for the purpose by the arrested party of his detention and where the arrested person is confined.
This would ensure that the arrested person's family or close contacts are immediately informed of the situation, which may be very important in organizing legal representation and providing emotional support.
The requirement of informing a designated person further protects the individual's safety and well-being during detention.
The police must keep a written list of the persons told about the arrest. Such a list should be made in a police station, and the accountability aspect would be guaranteed to the procedure. It's just a measure ensuring that every stage is passed by the lawmen without breaking a single procedure related to arrested individual's rights or the prestige of lawmen themselves.
When the arrested person is produced before the magistrate, it is the duty of the magistrate to verify whether the arrested person has been adequately informed as to why he was arrested and is entitled to seek for bail as required by law. This step ensures that further that the arrested person's rights remain assured during detention.
It reflects these constitutional requirements, emphasizing the fact that one should not be deprived of their liberty without informing them of the legal grounds to deprive of liberty and also their rights and especially the right to bail. By requiring the communication of arrest details to the individual, their family, and designated persons, this section aims to prevent unlawful detention, ensure due process, and foster greater transparency and accountability within law enforcement practices.
