सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 55

Procedure when police officer deputes subordinate to arrest without warrant

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any

person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

Why this exists

This provision continues a long-standing safeguard (originally Section 55 of the Code of Criminal Procedure, 1898/1973) meant to prevent arrests based on vague or verbal instructions passed down a police hierarchy. By requiring a written order specifying the person and the reason, it creates a paper trail and gives the arrested person a right to know why a subordinate officer—acting on someone else's authority rather than personal knowledge—is detaining them.

How courts read it

There is no major reported judgment specifically interpreting this provision in isolation, but courts have repeatedly stressed, in cases like D.K. Basu v. State of West Bengal and Joginder Kumar v. State of U.P., that arrests must be accountable, documented, and communicated to the person arrested. Those broader safeguards on transparency in arrest procedure are consistent with the written-order requirement here, though this specific section has not generated significant standalone case law.

Common misconceptions
  • Myth: Any police officer can order any other officer to arrest someone just by saying so verbally.
    Fact: The law requires a written order specifying the person and the offense when a senior officer deputes a subordinate to arrest without being present.
  • Myth: This section is the only way police can arrest without a warrant.
    Fact: Sub-section (2) clarifies that the general power to arrest without a warrant under Section 35 still applies independently of this procedure.