BNSS Section 55 — Procedure when police officer deputes subordinate to arrest without warrant

CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Criminal

Summary

When a senior police officer (such as a station house officer or an investigating officer) tells a junior officer to arrest someone without a warrant, the senior officer must give the junior officer a written order. That order must clearly state the name of the person to be arrested and the offence or reason for the arrest. Before making the arrest, the junior officer must tell the person the main points of the order, and if the person asks to see it, the officer must show them the written order. This rule does not take away a police officer’s power to arrest someone directly under section 35 of this Act.

Official Text

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.424 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §55 — Procedure when police officer deputes subordinate to arrest without warrant