Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest of Persons
Section 47: Person arrested to be informed of grounds of arrest and of right to bail
In plain words
Anyone arresting a person without a warrant must immediately tell them the full details of the offence or other grounds for the arrest. If the offence is bailable, the police must also tell them they are entitled to bail and can arrange sureties.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 47
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Mihir Rajesh Shah v. State of Maharashtra and Another
Whether in each and every case, even arising out of an offence under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith…
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Kasireddy Upender Reddy v. State of Andhra Pradesh and Ors.
Whether the arrest of the appellant’s son was per se illegal for want of supply of appropriate and meaningful grounds of arrest, as alleged.
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Vihaan Kumar v. State of Haryana & Anr.
The main issue canvassed by the appellant in this appeal is the violation of the appellant’s right under Article 22(1) of the Constitution of India as the appellant was not informed of the grounds for his arrest.
- Shiraz Farooqui v. State Govt. of NCT of Delhi
- Pranav Kuckreja (In Police Custody) v. State (Nct of Delhi)