Section 47
Arrest to be made strictly according to this Sanhita
Arrest of Persons
Plain English Explanation
Arrest must follow strict procedural safeguards: (i) The arresting officer must wear a visible name badge for identification. (ii) A memorandum of arrest must be prepared, attested by a family member or local respectable person, and countersigned by the arrested person. (iii) The arrested person must be told about their right to inform a relative or friend about their arrest. These are crucial D.K. Basu guidelines now codified into law.
Legal Text
Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 47
(1) A police officer making an arrest under this Sanhita without warrant shall bear an accurate, visible and clear identification of his name which will facilitate easy identification.
(2) The police officer shall prepare a memorandum of arrest which shall be—
(a) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(b) countersigned by the person arrested.
(3) The person arrested shall be informed of his right under sub-section (2) of section 58 to have a relative or friend named by him to be informed of his arrest.
Keywords
arrest procedurememorandum of arrestname badgepolice identificationD.K. Basu guidelinesarrest safeguardsinform relative
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