Know Your Rights: Arrest Procedures under BNSS & Constitution
A deep dive into the rights of detainees under the new Bharatiya Nagarik Suraksha Sanhita (BNSS). Handcuffing rules, health checkups, and DK Basu guidelines.
The power to arrest is a potent tool that infringes on personal liberty. To prevent its misuse, the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has codified and strengthened several protections previously found in the CrPC and judicial guidelines.
1. Right to Know Grounds of Arrest
- Old Law: Section 50 CrPC.
- New Law: Section 47 of BNSS.
The police officer must inform the arrested person of the specific grounds for arrest and their right to bail (if the offense is bailable).
2. Designated Police Officer & Information to Family
- Old Law: Section 50A CrPC.
- New Law: Section 48 of BNSS.
The police must inform a friend or relative nominated by the accused about the arrest. The Designated Police Officer in each district is now responsible for maintaining a digital record of all arrested persons.
3. Handcuffing Rules (New in BNSS)
The BNSS (Section 43) introduces specific rules regarding handcuffing. It is generally restricted but allowed for habitual offenders, or those accused of terror acts, rape, or organized crime. It cannot be used routinely for economic offenders or lesser crimes.
4. Medical Examination
- Old Law: Section 54 CrPC.
- New Law: Section 53 of BNSS.
The accused has a mandatory right to be examined by a medical officer immediately after arrest. This is the biggest safeguard against custodial torture, as any fresh injuries must be recorded.
5. No Arrest for Minor Offenses (Section 35 BNSS)
For offenses punishable with less than 3 years imprisonment (and for infirm/old persons), permission from a senior officer (DSP level) is now often required, or a Notice of Appearance is served instead of immediate arrest.
6. Production Before Magistrate
The golden rule remains: No person can be detained in police custody for more than 24 hours without being produced before a Judicial Magistrate. This is a Constitutional safeguard (Article 22).
Knowing these rights can prevent illegal detention and harassment. If violated, a Writ Petition of Habeas Corpus can be moved in the High Court.
Civil Court, Nawada, Bihar