Question
A police officer arrests a person for a non-cognizable
offence without a warrant. The person demands to know the grounds of arrest. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the officer required to inform the arrested person of the grounds of arrest and the right to bail?Solution
Section 47 of BNSS, 2023 states: "Every person who is arrested shall be informed, by the police officer making the arrest, of the grounds on which he is being arrested and of his right to bail unless it is impossible to do so by reason of the condition of the person arrested." This section ensures that every arrested person has the fundamental right to know why they are being arrested and their right to bail. Section 35 deals with grounds for arrest, Section 38 addresses the right to meet an advocate, and Section 57 addresses taking before Magistrate, but Section 47 specifically addresses informing about arrest grounds and bail rights.
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