Code: Section 56 BNSS
It shall be the duty of the person having the custody of an accused to take
reasonable care of the health and safety of the accused.
Explanation of Section 56 BNSS
Key Provisions
- Responsibility of Custodial Authorities
- The person in custody of the accused (police, jail authorities, or any lawful custodian) must ensure:
✅ Proper medical care
✅ Protection from harm
✅ Basic hygiene and nutrition
- The person in custody of the accused (police, jail authorities, or any lawful custodian) must ensure:
- No Mistreatment Allowed
- Authorities cannot subject the accused to:
❌ Physical abuse
❌ Mental torture
❌ Neglecting health needs
- Authorities cannot subject the accused to:
- Legal Obligation
- This is a mandatory duty, and failure to comply can result in legal action against the custodial authority.
Illustration of Section 56 BNSS
Example 1: Ensuring Proper Medical Care
Case: A suspect in police custody develops chest pain. The police immediately take them to a hospital for treatment.
✅ Lawful, as they ensured the health and safety of the accused.
Example 2: Custodial Negligence
Case: A detained person complains of severe fever, but the officers ignore the complaint, leading to their hospitalization later.
❌ Unlawful, as the officers failed to take reasonable care of the accused.
Example 3: Prevention of Harm
Case: A prisoner is attacked by fellow inmates, and the authorities fail to intervene.
❌ Violation, as they failed to ensure safety.
Common Questions and Answers on Section 56 BNSS
1. Who is responsible for the health and safety of an accused in custody?
✅ The police, jail officials, or any lawful custodian are responsible for ensuring health and safety.
2. Can an accused person request medical attention in custody?
✅ Yes. Authorities must provide necessary medical treatment if requested.
3. What happens if authorities fail to take care of an accused’s health?
✅ Legal action can be taken against negligent officials under human rights laws and court orders.
4. Does this duty apply to both police custody and jail custody?
✅ Yes. It applies to all forms of legal custody.
5. Can family members demand medical care for an accused?
✅ Yes. If an accused is denied medical care, family members can file a complaint.
Conclusion
Section 56 BNSS ensures:
✅ Protection of accused persons in custody
✅ Medical care and basic rights
✅ Legal accountability for negligence
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