Question
Under Section 47(2) of the BNSS, 2023, what must a
police officer inform a person arrested without warrant for a bailable offence?Solution
Section 47(2) explicitly states: "The police officer shall inform a person arrested without warrant for a bailable offence...that he is entitled to be released on bail." Additionally, Section 47 and associated provisions mandate: provision of memorandum copy (Section 36), right to medical examination (Section 54), right to inform relatives (Section 50), and right to legal counsel (Section 38). These are mandatory safeguards , not discretionary.
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