Code:
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Explanation:
This section outlines the procedure for arrest without a warrant under the Bharatiya Nagarik Suraksha Sanhita (BNSS). It mandates that:
- Full particulars of the offense must be communicated to the arrested person.
- Other grounds for arrest, if applicable, should also be explained.
- Right to bail must be informed to the arrested person, if they are not accused of a non-bailable offense.
- Right to arrange sureties should also be communicated to the arrested person.
Illustration:
Suppose a police officer arrests a person for stealing a mobile phone. The officer must immediately inform the arrested person:
- That they are being arrested for theft (the specific offense).
- The details of the theft, such as the time, location, and the phone’s description.
- That they have the right to be released on bail.
- That they can arrange for someone to act as surety for their release.
Common Questions and Answers: on Person Arrested To Be Informed Of Grounds Of Arrest And Of Right To Bail
Q: What happens if the police officer fails to inform the arrested person about their rights?
A: This could be considered a violation of the arrested person’s rights. They may have grounds to challenge the arrest or seek legal recourse.
Q: Can the police officer arrest someone without a warrant for any reason?
A: No, the arrest must be based on reasonable suspicion of a crime. The officer must have grounds to believe the person is involved in a crime.
Q: What are the exceptions to this rule?
A: There are exceptions, such as in cases of cognizable offenses, where the police officer can arrest without a warrant.
