BNSS Section 47 - Person arrested to be informed of grounds of arrest and of right to bail

Imagine being suddenly taken into custody without knowing why. The law recognizes how terrifying and unfair that would be. That’s exactly why BNSS Section 47 places strict duties on the police to tell you both why you are being arrested and, in many cases, that you have the right to bail.

Brief statutory text summary

Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has two important parts:

1. Grounds of arrest: Any police officer or person making an arrest without a warrant must immediately communicate the full particulars of the offence or other reasons for the arrest.

2. Right to bail information: If the arrest is without warrant and the offence is bailable, the officer must inform the arrested person that they are entitled to bail and may arrange sureties for release.

In short, Section 47 BNSS ensures transparency in arrest procedures and safeguards the fundamental right to liberty.

Plain-language explanation — what the law requires police to do on arrest

The law demands two immediate duties from police officers making an arrest without warrant:

• Duty to inform of grounds: The arrested person cannot be kept in the dark. The police must clearly explain the reason, whether it’s theft, public disorder, or another offence. Vague statements like “you’re being arrested for suspicion” are not enough.

• Duty to inform of right to bail: For bailable offences (like minor assaults, public nuisance, or some property offences), the police must also tell the person that they don’t have to stay in custody—they can seek bail right away.

These obligations uphold the constitutional protection under Article 22(1) of the Indian Constitution, which guarantees that no person shall be arrested without being told of the reasons.

When the requirement applies

The requirements under BNSS Section 47 apply specifically in cases of arrests without warrant. This is crucial because such arrests often happen suddenly, without prior judicial oversight.

• Who is covered: Every person arrested without a warrant, whether a citizen or not.

• Bailable offences: If the offence is classified as bailable under the BNSS or Indian Penal Code, the arrested person must be informed of their immediate right to bail.

• Non-bailable offences: The duty to inform of bail does not apply here. However, the police must still communicate the exact grounds of arrest.

Thus, the section strikes a balance between police powers and individual liberty.

Practical steps for arrested persons

If you or someone you know is arrested, here’s what should happen under Section 47 BNSS:

1. Hear the grounds: Expect the police to tell you clearly the reason for arrest. If they don’t, you can calmly ask: “Please tell me under what section I’m being arrested.”

2. Check if the offence is bailable: If it is, the officer must tell you that you have a right to bail.

3. Arrange sureties: Bail often requires sureties—people who guarantee you will attend court. Reach out to friends or family quickly.

4. Exercise your right to silence: While you must give basic identity details, you do not have to answer incriminating questions at this stage.

5. Call a lawyer: Always contact a lawyer immediately to guide you through bail procedures.

Consequences and remedies

What if the police fail to follow BNSS Section 47?

• Grounds of arrest not given: Courts may view the arrest as unlawful. The arrested person can file a complaint or move for bail on this basis.

• Failure to inform of bail: If someone languishes in custody because they were not told of their right, their lawyer can challenge the custody as illegal.

• Departmental action: Officers may face disciplinary proceedings for violating mandatory duties.

Remedies include applying for bail before a magistrate, filing writ petitions for habeas corpus, or lodging complaints with human rights commissions.

Real-world examples

• Correct practice: A police officer arrests Ramesh for a minor property offence without a warrant. The officer tells him, “You are being arrested for committing mischief under Section X of the IPC. Since this is a bailable offence, you can apply for bail immediately and arrange sureties.”

• Incorrect practice: A person is picked up at night without explanation and kept in custody for two days without being told of the charge or bail. This violates both BNSS Section 47 and constitutional safeguards, making the arrest challengeable in court.

How this affects lawyers and police practice

For lawyers, Section 47 BNSS is a powerful tool to challenge illegal arrests and to secure quick bail for clients. A lawyer should always ask whether the client was informed of both the grounds and bail rights.

For police officers, compliance is not optional. Properly informing the arrested person protects both the officer and the department from allegations of illegal detention. Recording this communication in arrest memos can serve as proof of compliance.

Also read: BNSS Section 30

FAQs on BNSS Section 47

Q1. What does BNSS Section 47 say about informing an arrested person?
It requires police to immediately communicate the reasons for arrest and, in bailable cases, to inform the person that they are entitled to bail and may arrange sureties.

Q2. Does this apply to all arrests?
No. It specifically applies to arrests without warrant. However, under constitutional principles, even warrant-based arrests usually require informing the accused of the charge.

Q3. What if the police don’t tell me why I’m being arrested?
You can demand to know the grounds. If they refuse, your lawyer can challenge the legality of the arrest in court or through a habeas corpus petition.

Q4. What is the difference between bailable and non-bailable offences in this context?
In bailable offences, the accused has a right to bail as a matter of course, and the police must inform them. In non-bailable offences, bail requires judicial discretion.

Q5. Can failure to follow BNSS Section 47 lead to release?
Yes, courts may grant bail or even declare detention unlawful if statutory and constitutional safeguards are violated.