Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal

The detenu was arrested on 24.2.2025 at 9.00 p.m. and produced before the Magistrate at 5.45 p.m. on 25.2.2025.  However, the remand report was endorsed that the intimation of arrest was not given to the accused and it did not contain all the sections which are added to the alteration memo.

Remand report was re-submitted at 11.10 p.m.  The police is said to have given another section 47(1) of BNSS to the detenue, who refused to receive the same.

HELD that the provisions of Section 47 are mandatory and peremptory.  the word “forthwith” makes it amply clear that the intimation under Section 47 of BNSS has to be served at the time of arrest or immediately thereafter. Non-intimation would render further detention illegal.  The remand report only stated that detenue was arrested and he was informed about the offence.  There is no statement that the detenue had refused to receive the intimation under Section 47(1).

The Magistrate after finding that intimation of arrest was not given should have immediately released the detenue.  Instead of taking this step, the Magistrate returned the remand report for subsequent compliance.

Judgment dated 11.3.2025 of the High Court of Andhra Pradesh (DB) in Writ Petition No.5444 of 2025 of Motakatla Jhansi Vani Reddy  and The State of Andhra Pradesh and others