Person arrested to be informed of grounds of arrest and of right to bail
Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with person arrested to be informed of grounds of arrest and of right to bail. 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. The Act came into force on 01 Jul 2024.
(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 nonbailable 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.
Section 47, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 50 Person arrested to be informed of grounds of arrest and of right tobail Text carried over almost unchanged 87%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mihir Rajesh Shah v. State of Maharashtra
Decided under Code of Criminal Procedure 50, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Grounds of arrest must be communicated in writing in a language the arrestee understands, including for IPC/BNS offences; successor to BNSS 47 / CrPC 50.
On this section: Carried forward from crpc 50 via mapping.csv (near-identical).
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Vihaan Kumar v. State of Haryana
Decided under Code of Criminal Procedure 50, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Grounds of arrest must be communicated as mandated by Article 22(1); chaining an accused to a hospital bed violates Article 21.
On this section: Carried forward from crpc 50 via mapping.csv (near-identical).
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Marfing Tamang @ Maaina Tamang vs State (nct of Delhi)
Decided under Code of Criminal Procedure 50, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The word 'forthwith' appearing in Section 50 of the Code of Criminal Procedure, 1973, mandates that the grounds of arrest must be communicated to an arrestee immediately and simultaneously with the issuance of the arrest memo, not later within 24 hours. Any delay in communicating grounds of arrest, including communication during remand proceedings, violates the statutory requirement and the constitutional guarantee under Article 22(1) of the Constitution of India. The grounds of arrest must be reduced to writing and served upon the arrestee at the time of arrest itself, and the arrestee must be given meaningful opportunity to consult legal counsel after receiving such grounds before being subjected to remand proceedings.
On this section: Core provision requiring police officer to forthwith communicate full particulars of offence or grounds for arrest to arrestee. Court interpreted 'forthwith' to mean immediate and simultaneous communication with arrest memo, not later within 24 hours.
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Vishal Manohar Mandrekar vs The State of Telangana
Decided under Code of Criminal Procedure 50, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Obtaining a transit warrant is mandatory for police to claim protection under Article 22(2) of the Constitution when arresting an accused outside the jurisdiction where the offence was registered. A subsequent remand order by a magistrate cannot legalize prior detention that violated Article 22(2) of the Constitution. The right under Article 22(2) is available against illegal detention by police, and if the prior detention is illegal, the accused is entitled to be released even if subsequently remanded to judicial custody by the magistrate. The police cannot claim the benefit of excluding journey time from the 24-hour period without obtaining a transit warrant.
On this section: These sections relate to arrest intimation and notice requirements. The court noted that the arrest intimation letter was signed by the Inspector of Police who did not travel to Goa, raising questions about compliance with these sections.
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Sri Jasbir Singh vs The State of Assam
Court's Decision & Legal Precedent
Non-communication of grounds of arrest in writing to an arrested person, in violation of Section 50 CrPC and Article 22(1) of the Constitution of India, vitiates the arrest and subsequent remand, and constitutes an independent ground for grant of bail even if charge-sheet has been filed and trial has commenced. The distinction between 'reasons for arrest' (general formal parameters) and 'grounds of arrest' (specific personal factual details) is critical; the latter must be communicated in writing to enable the arrested person to consult counsel, oppose custodial remand, and seek bail. Mere filing of charge-sheet cannot cure the constitutional illegality committed at the time of arrest.
On this section: Corresponds to Section 50 CrPC; requires communication of grounds of arrest to arrested person
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 47
What have the courts held on Section 47 of the Bharatiya Nagarik Suraksha Sanhita?
Mihir Rajesh Shah v. State of Maharashtra (06 Nov 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 50, which this section replaced -- the court never mentioned this Act: Carried forward from crpc 50 via mapping.csv (near-identical). Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2024 to 2025.
How do I find court cases under Section 47 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 47, section 47 BNSS, section 47 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 47 and 48. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Mihir Rajesh Shah v. State of Maharashtra (06 Nov 2025).
What should I read with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 50 (Person arrested to be informed of grounds of arrest and of right tobail), so the judgments decided under that provision are the case law on this one.
When did Section 47 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 47 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 47, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.