Bharatiya Nagarik Suraksha Sanhita, 2023
Section 47
Person arrested to be informed of grounds of arrest and of right to bail
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Why this exists
This provision continues a long-standing safeguard (earlier found in Section 50 of the Code of Criminal Procedure, 1973) rooted in the constitutional guarantee under Article 22(1) of the Indian Constitution, which says no arrested person can be denied the right to know the grounds of arrest. It exists to prevent arbitrary or secretive detention by the police and to ensure that a person can immediately understand their situation and take steps—like seeking bail or informing family/lawyers—to protect their liberty.
How courts read it
Courts, including the Supreme Court in cases like Joginder Kumar v. State of U.P. (1994) and D.K. Basu v. State of West Bengal (1997), have emphasized that informing the arrested person of the grounds of arrest and their rights is not a mere formality but a mandatory safeguard connected to Article 22(1) of the Constitution. Non-compliance has been treated by courts as a serious procedural lapse that can affect the legality of the arrest and detention, and has been used as a basis for granting bail or compensation in cases of wrongful arrest.
Common misconceptions
- Myth: Police can arrest someone and explain the reason later, whenever convenient.
Fact: The law requires the reason to be communicated 'forthwith,' meaning immediately at the time of arrest, not later. - Myth: The police only need to tell you why you're arrested if you ask.
Fact: The obligation is automatic and does not depend on the arrested person asking for the reason. - Myth: Everyone arrested has an automatic right to be told about bail.
Fact: The specific duty to inform about bail under this section applies only when the offence is bailable, not for non-bailable offences.