What are my rights when arrested under BNSS?

Under BNSS Section 47: (1) Know the grounds of arrest; (2) Consult a lawyer of your choice; (3) Know your bail rights if the offence is bailable; (4) Have a relative/friend informed; (5) Medical examination; (6) Arrest memo prepared and witnessed. Police must also display identification.

Section 47 — Rights of Arrested Person — D.K. Basu Rights Codified | Bharatiya Nagarik Suraksha Sanhita | LawCodeHub

Section 47: Every person who is arrested shall have — (a) right to be informed of grounds of arrest forthwith; (b) right to consult and be defended by a legal practitioner of his choice; (c) right to be informed of the right to bail if the offence is bailable; (d) right to have a relative, friend or nominated person of his choice informed of his arrest and the place of his custody as soon as practicable; (e) right to medical examination; and the police officer making the arrest shall — (i) bear clear identification showing his name and designation; (ii) prepare an arrest memo; (iii) have the arrest memo attested by a witness; (iv) inform the arrested person of all rights under this section.

Explanation

BNSS Section 47 represents one of the most significant structural improvements over the CrPC — consolidating the rights of an arrested person from multiple scattered CrPC provisions (Sections 41B, 50, 50A, 55A, and the D.K. Basu judicial guidelines) into a single, comprehensive statutory provision. Under CrPC, an arrested person's rights were spread across: Section 50 (grounds of arrest), Section 50A (informing relatives), Section 41B (officer identification), Section 55A (medical examination), and the judicially created D.K. Basu requirements (arrest memo, witness attestation). A person being arrested was often unaware of these scattered rights. BNSS Section 47's consolidation means: (1) the rights are clear and accessible; (2) police violations are easier to identify and challenge; and (3) courts have a single provision to apply when examining arrest legality. The addition of the right to be informed of bail rights (Section 47(c)) is specifically new — under CrPC, police were not required to inform a bailable offence accused of their bail right.

Rights of Arrested Person — D.K. Basu Rights Codified

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