Introduction of BNSS Section 55
BNSS Section 55 explains the proper procedure that must be followed when a senior police officer asks a junior or subordinate officer to arrest someone without a warrant. This ensures that even when a warrant is not required, rules and accountability are followed. It protects the rights of the person being arrested and ensures transparency in police actions.
What is BNSS Section 55 ?
BNSS Section 55 defines the legal steps that must be taken when a police officer, who is in charge of an investigation or a police station, deputes a subordinate officer to arrest someone without a warrant. The senior officer must issue a written order with the name of the person and the reason for the arrest. The subordinate officer must inform the person about the order, and if asked, must show the written order before making the arrest.
BNSS Section of 55 in Simple Points
🔹 1. Written Order Required for Arrest by Subordinate Officer
BNSS Section 55 says that when a senior police officer, like the officer in charge of a police station, asks a junior officer to arrest someone without a warrant, they must give the order in writing. This written order should clearly mention the name of the person to be arrested and the reason for the arrest. This rule ensures that no verbal or informal commands are given to make an arrest, which helps prevent misuse of police power. By making written orders mandatory, the law promotes accountability and proper record-keeping in police procedures.
2. Person Must Be Informed of the Reason for Arrest
Before the arrest is made, the subordinate officer must tell the person why they are being arrested. This means the officer must explain the contents of the written order so that the person understands the cause behind their arrest. This provision protects the legal rights of individuals and ensures they are not taken into custody without knowing the reason. It also avoids unnecessary confusion and helps maintain transparency in the legal process. Informing the person builds trust and follows the principle of natural justice.
3. Right to See the Arrest Order
If the person who is being arrested asks to see the written order, the police officer must show it to them. This is a very important safeguard because it gives the arrested person the chance to verify whether the arrest is legal and valid. It also ensures that the officer is acting on a proper and authorised command. This rule supports fairness, and it makes sure the arrest is not arbitrary. Providing access to the arrest order helps in maintaining the dignity and rights of the individual.
4. Applies When Senior Officer is Not Present
This procedure under Section 55 only applies when the senior officer is not present at the time of the arrest. If the senior officer is there, they can make the arrest directly without giving a written order to a junior officer. This provision exists to make sure that when the senior officer is delegating the arrest duty to a subordinate, everything is done properly and in writing. It prevents confusion and sets clear responsibilities when arrests are done without direct supervision.
5. Does Not Affect General Arrest Powers under Section 35
Section 55 does not limit the general powers of the police to arrest someone under Section 35 of the BNSS. This means that even without a written order, a police officer can still arrest someone if Section 35 allows it. Section 55 only comes into play when a subordinate is making an arrest on someone else’s written instructions. So, the law provides both direct and delegated powers of arrest while ensuring proper checks in place. This balance protects public safety and individual rights.
Section 55 of BNSS Overview
BNSS Section 55 talks about the procedure police must follow when a senior officer assigns a junior (subordinate) officer to arrest someone without a warrant. The section ensures that such arrests are done legally, with proper written instructions, and that the rights of the arrested person are respected.
BNSS Section 55 – Procedure When Police Officer Deputes Subordinate to Arrest Without Warrant
1. Written Order Is Mandatory
When a senior police officer instructs a junior officer to arrest someone without a warrant, the law requires that a written order must be given. This ensures that the order is documented and legally valid. It acts as a record that the junior officer was following instructions and did not arrest someone arbitrarily. This also helps prevent confusion and misuse of authority during an arrest. The written order provides clarity and transparency in the arrest process. It serves as a legal backup in case the arrest is questioned in court. This requirement protects both the officer and the rights of the arrested person. Therefore, a written order is essential before proceeding with such an arrest.
2. Clear Details Must Be Included
The written order must mention the name of the person to be arrested and clearly state the offence or reason for arrest. These details are important so that the arresting officer knows exactly whom to arrest and why. If the order lacks such important information, it can lead to a wrongful arrest or legal complications later. Clear details in the order prevent mistakes, especially in situations where multiple people may have similar names. It also ensures that the person being arrested understands the reason behind their arrest. This clarity forms the foundation of a lawful arrest process. The order must be prepared carefully to avoid errors. Every word in the order can have legal consequences.
3. Arrested Person Has Right to See the Order
If the person being arrested asks to see the written order, the police officer must show it. This is the person’s right and must be respected. It ensures that the arrest is not done secretly or unlawfully. The officer must also explain the substance of the order before making the arrest. This helps the arrested person understand the charge against them. Refusing to show the order could lead to legal trouble for the police. This rule ensures transparency and builds public trust in the justice system. The police cannot hide behind vague or unofficial commands. The person must be aware of the legal basis of their arrest.
4. Senior Officer’s Presence Is Not Required
The arrest can be made by the subordinate officer even if the senior officer is not physically present. The written order gives legal authority to the junior officer to act. This helps the police take quick action when required without waiting for the senior to arrive. However, the written order is still necessary even if the senior officer is unavailable. The law does not allow verbal or casual instructions in such cases. The written order becomes the legal base for the arrest. This balance ensures fast response and legal compliance. It allows the system to function efficiently while respecting individual rights.
5. Section Does Not Affect Powers Under BNSS Section 35
This section does not take away the general power of arrest given under BNSS Section 35. Police officers still have the right to arrest someone without a warrant if the situation demands it. BNSS Section 55 applies only when a superior officer directs a subordinate to arrest someone on their behalf. If no such direction is given, the officer can act independently under Section 35. So, both sections can work together without any conflict. Section 55 simply adds rules for delegated arrests. It doesn’t reduce the powers that a police officer has under other laws. This ensures that the police can still act swiftly when needed.
6. Promotes Police Accountability
By requiring written instructions and proper process, this section ensures that police officers are held accountable. It stops them from making random or personal arrests without valid reason. The written order acts as proof of why the arrest was made. This increases transparency and reduces the chances of misuse of power. If the arrest is challenged later, the written order can be shown in court. It also helps supervisors monitor how and why arrests are being made. This promotes discipline within the police force. Overall, it makes the arrest process more reliable and fair for everyone.
7. Protects Subordinate Officers from Misuse
Sometimes junior officers may be pressured to arrest someone without proper orders. BNSS Section 55 protects them by requiring a written order from a senior. If the order is not given, the subordinate officer has the right to refuse the arrest. This stops the misuse of juniors by seniors for personal or unofficial reasons. It also protects junior officers from legal problems that can arise from unlawful arrests. By demanding a written order, the law ensures fairness at every level. It encourages junior officers to follow rules without fear. This leads to a more ethical and professional police force.
8. Ensures Legal Record of Arrest
Every arrest made under a written order creates a legal record. This is useful for future reference, especially during trials or inquiries. If something goes wrong, the written order shows who gave the instructions and why. It also helps in maintaining proper arrest logs and police records. A transparent system like this helps avoid confusion and corruption. Courts can refer to these documents to decide whether the arrest was lawful. This system of keeping a written record increases confidence in the police. It also helps during audits and internal reviews of police actions. A documented process is always more reliable and trusted.
9. Protects the Arresting Officer Legally
If an officer follows this process correctly, they are protected from legal complaints. The written order serves as evidence that they acted as per instructions. If someone claims they were wrongly arrested, the officer can defend themselves using the order. This also ensures that officers are not punished for doing their duty. It gives them legal backing to carry out arrests confidently. They don’t have to worry about personal consequences if they follow the procedure. This helps officers work more effectively and responsibly. Following proper steps creates a strong legal shield for honest police officers.
10. Builds Public Trust in Law Enforcement
When arrests are made following proper procedures, the public begins to trust the police more. People feel safer knowing that they cannot be arrested without reason or record. This transparency reduces fear and creates a fair justice environment. BNSS Section 55 plays a key role in modernizing police practices. It brings more structure and professionalism into the arrest process. Citizens are more likely to cooperate with law enforcement if they feel protected by law. This builds a positive image of the police in society. Trust between citizens and police is essential for maintaining law and order.
Examples of BNSS Section 55
🔹Example 1:
A police inspector in charge of a robbery case learns that the accused is hiding in a nearby village. Since the inspector is busy collecting evidence, he instructs a constable to arrest the suspect without a warrant. He gives the constable a written order clearly mentioning the suspect’s name and the offence (robbery). The constable goes to the village, informs the suspect about the reason for arrest, and shows him the written order when asked. This follows the proper procedure under Section 55.
Example 2:
The sub-inspector of a police station wants to arrest a man accused of assault, but he delegates the task to a head constable. However, he forgets to give a written order and only tells the constable verbally. The constable arrests the person without explaining the reason or showing any document. In this case, the arrest could be challenged as illegal under BNSS Section 55, since the proper written procedure was not followed.
Section 55 of BNSS Short Information
| Point | Explanation in Simple English |
|---|---|
| 1. Written Order Required | The senior officer must give a written order for arrest without a warrant. |
| 2. Order Must Mention Name & Reason | The order must clearly say who is to be arrested and for what reason. |
| 3. Inform Before Arrest | The subordinate officer must tell the person why they are being arrested. |
| 4. Show Order If Asked | If the arrested person asks, the officer must show the written order. |
| 5. Section 35 Power Not Affected | Police still have general power to arrest without warrant under Section 35. |
BNSS Section 55 FAQs
BNSS 55
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