Section 48: Obligations of person making arrest to inform about arrest, etc. to relatives or friends
Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the provision of giving notice to a family member, friend, or other person specified by the arrested person.
The arrested person should be immediately informed of the arrest and the location where the individual is detained by a relative, friend, or any other person the arrested person may have specified. This ensures that a person of trust is promptly made aware of the situation of the arrested person, which may help in securing legal counsel or taking further necessary actions.
The arrested person should be made aware of his or her rights after he or she has been brought to the police station. For example, they have the right to be informed whether a relative or friend may be told of their arrest. This law was enacted in order to prevent any violation of rights in the arrest and to give him or her notice of his rights upon arrest. Such awareness can help avoid abuse in the course of arrest and guarantee openness.
The police shall maintain a written record of the fact who all have been informed about the arrest. Such record shall be maintained in an appropriate register at the police station, in such form as may be prescribed by the State Government. This would obviate the risk of possibly negligent or possibly improper discharge of this duty of notification.
When an arrested person is produced before a magistrate, the magistrate is obliged to certify that the arrested person has been given notice about his rights and the police have noted the notice issued to the nearest relative or friend. This becomes an added step of check where the arrest and notice procedures have been carried out as per legal standards.
By requiring timely notification, this provision enhances communication between law enforcement authorities and the families or trusted individuals of the arrested person. Such communication can be critical in managing the situation and ensuring the arrested person's rights are respected during the detention period.
It aims to prevent arbitrary detention. This is because, through the informing of the arrested person about their right to notify a friend or family member, it is made sure that they are informed about their rights in order to look for help, legal assistance, or protection against further harm.
This accountability will be ensured through documentation requirements during arrest, and in recording persons informed about arrest, this provision will help police actions become reviewable and hence known to oversight, thereby making misconduct or negligence less possible.
