BNSS Section 55 — Procedure When Police Officer Deputes Subordinate to Arrest Without Warrant

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the old Code of Criminal Procedure (CrPC), 1973. This new law came into force to modernize India’s criminal justice system and bring more clarity, speed, and transparency.

One of the important provisions under BNSS is **Section 55, which explains how a police officer can direct a subordinate to arrest a person without a warrant**. This section ensures that the power to arrest is not misused and that proper procedure is followed.

In this article, we will explain BNSS Section 55 in simple words, its meaning, procedure, importance, and how it protects the rights of citizens. We will also cover related questions people often ask.

Understanding Section 55 of BNSS

Section 55 deals with the procedure when an officer in charge of a police station, or any investigating officer, directs a subordinate police officer to arrest someone without a warrant.

The section has two subsections:

Subsection (1):

• If the officer in charge of a police station, or any officer making an investigation under Chapter XIII, needs to get someone arrested without a warrant, and the arrest is not being made in his direct presence,
• He must give a written order to the subordinate officer.
• This written order must clearly mention:
• The name or identity of the person to be arrested.
• The offence or reason for the arrest.
• The subordinate officer must inform the person being arrested about the contents of the order.
• If the person being arrested asks to see the order, the subordinate officer must show the written order.

Subsection (2):

This subsection clarifies that nothing in subsection (1) limits the general power of a police officer to arrest a person without a warrant under Section 35 of BNSS.

Why is Section 55 Important?

The power of arrest is a serious power. If misused, it can lead to harassment, unlawful detention, and violation of fundamental rights. Section 55 is important because:

1. Prevents misuse of power — A written order makes the process transparent and accountable.
2. Protects citizens’ rights — The person being arrested has the right to know why he is being arrested and by whose order.
3. Creates a record — The written order acts as proof that the subordinate officer is not acting on his own but under lawful instructions.
4. Supports rule of law — It balances police authority with citizen protection.

Step-by-Step Procedure under Section 55

Let’s understand the process in simple steps:

1. Decision to arrest — The officer in charge or investigating officer decides that a person needs to be arrested without a warrant.
2. Issuing written order — Instead of making the arrest himself, he writes an order for a subordinate officer.
3. Details in the order — The order mentions the person’s name/identity and the reason (offence or cause).
4. Subordinate executes the order — The subordinate officer goes to arrest the person.
5. Informing the accused — Before arresting, the subordinate officer must inform the person about the order.
6. Showing the order — If the person demands, the written order must be shown.
7. Completion of arrest — The person is then arrested and taken as per legal procedure.

Example of Section 55 in Practice

Imagine a situation:

• A police inspector in charge of a station is investigating a theft case.
• He gets reliable information that the suspect is hiding in another village.
• Since the inspector cannot personally go there, he writes a formal order to a subordinate constable.
• The order mentions the suspect’s name and the offence (theft).
• The constable goes to the village, informs the suspect about the written order, and arrests him.

This process ensures that the subordinate constable acts lawfully and the suspect’s rights are respected.

Relation Between Section 55 and Section 35

Section 35 of BNSS gives police officers the general power to arrest without a warrant in certain cases, such as when a cognizable offence is committed.

Section 55 does not reduce or take away this power. Instead, it sets a special procedure for situations where a senior officer instructs a subordinate to make the arrest.

In short:

• Section 35 → General power to arrest without warrant.
• Section 55 → Special procedure when a subordinate is deputed to arrest.

Key Features of Section 55

• Applies when a subordinate officer is asked to arrest.
• Requires a written order, not just oral instruction.
• Order must specify who is to be arrested and why.
• Subordinate must notify the accused of the order.
• Protects citizens from arbitrary arrest.

Rights of the Person Being Arrested under Section 55

Even though Section 55 is about police procedure, it indirectly protects the rights of citizens. Some important rights are:

1. Right to know the reason for arrest — No one can be arrested without being told why.
2. Right to see the order — If demanded, the police must show the written order.
3. Right against arbitrary arrest — No subordinate can arrest just because he feels like it; he must have a written order.
4. Right to be treated with dignity — Even during arrest, basic human rights must be respected.

Impact of Section 55 on Police Functioning

• Transparency — Written records make accountability easier.
• Reduced misuse — Subordinates cannot claim ignorance or misuse oral instructions.
• Legal protection — Protects honest officers from false allegations.
• Better investigation — Helps maintain proper documentation for case records.

Also read: Local Jurisdiction of an Executive Magistrate Under the CrPC?

FAQs on BNSS Section 55

Q1. What is BNSS Section 55?

Section 55 explains the procedure when a senior police officer directs a subordinate to arrest someone without a warrant. The order must be in writing, mentioning the person and the offence.

Q2. Why is a written order necessary?

A written order ensures transparency, accountability, and protects both the subordinate police officer and the person being arrested.

Q3. Can a subordinate arrest without showing the written order?

No. The subordinate must inform the accused about the order and show it if demanded.

Q4. Does Section 55 reduce the power of the police?

No. Section 55 only sets a procedure. Police still have powers to arrest under Section 35.

Q5. What happens if a subordinate arrests someone without a written order?

That arrest may be considered unlawful, and it could lead to legal consequences for the officer involved.

Q6. Does Section 55 apply to all types of arrests?

No. It applies only when a subordinate is deputed by a senior officer to arrest without a warrant.

Q7. How does Section 55 protect citizens?

It ensures that people know why they are being arrested, prevents misuse of power, and provides accountability in the arrest process.

Conclusion

BNSS Section 55 is a crucial safeguard in the criminal justice system. It balances the powers of the police with the rights of citizens. By requiring a written order and proper communication, it prevents misuse of authority and ensures that arrests are made lawfully.

In simple words, Section 55 makes sure that when a subordinate police officer arrests someone on the instructions of a senior, the entire process is documented, transparent, and just.

As India moves forward with the new BNSS, provisions like Section 55 highlight the importance of clarity, accountability, and fairness in law enforcement.