Information Regarding Arrested Persons (ss.37, 48 BNSS) — BNSS (Criminal Law II) Notes

Information Regarding Arrested Persons (ss.37, 48 BNSS)

A person can no longer simply “disappear” into police custody. The BNSS creates a public register of arrests, so that a family can find out where a detained relative is being held — turning the D.K. Basu safeguard into a permanent, searchable system.

Designated police officer (s.37 [s.41C CrPC]). In every district (and at State level) the police must designate an officer, not below the rank of Assistant Sub-Inspector, responsible for maintaining information about arrested persons — their names, addresses and the offence — and this information must be prominently displayed (including on a notice board) in every police station and at the district headquarters.
Information to a nominated person and database (s.48 [s.50A CrPC]). The arresting officer must inform a relative, friend or nominated person about the arrest and place of detention, and must enter the fact in a register/database.

Together these give effect to the constitutional guarantee against secret detention (Art. 22) and the D.K. Basu directions.

🧩 WORKED EXAMPLE — locating a detainee

Facts. A family cannot find where their arrested son is held.

Rule. Section 37 requires a designated officer to maintain and display arrest information at the station and district headquarters; s.48 requires a nominated person to be informed.

Apply. The family can consult the displayed record and the designated officer to trace him.

Conclusion. The BNSS makes the whereabouts of an arrested person a matter of public record, preventing secret custody.

Section 37 BNSS: “The State Government shall… establish a police control room in every district and at State level… [and] designate a police officer in every district and at State level, not below the rank of Assistant Sub-Inspector… responsible for maintaining a database of the names and addresses of the persons arrested, nature of the offence… which shall be prominently displayed…”

In Simple Terms: Every district must keep and openly display a database of who has been arrested and for what — no more untraceable detentions.

flowchart TD
    ROOT["Transparency of arrests"]:::root
    ROOT --> A["Designated officer s.37<br/>maintain arrest database"]:::leaf
    A --> B["Displayed at station & district HQ"]:::leaf
    ROOT --> C["Inform nominated person s.48"]:::leaf
    C --> D["Enter in register/control room"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

D.K. Basu v. State of West Bengal (1997) — the source of the duty to record and communicate every arrest, now codified in ss.37 and 48.

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