Arrest Without Immediate Intimation Under BNSS Section 47(1) Invalid : Andhra Pradesh High Court

The Andhra Pradesh High Court has held that Section 47(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) is mandatory, and any violation renders the arrest and subsequent detention invalid.

In this writ, the petitioner challenged the husband’s detention stressing that he was not informed properly about the grounds of arrest as required by Section 47(1) of BNSS.

The court noted a lack of proper consideration and held that failure to inform about the arrest renders the detention illegal.

It set aside the order and ordered the release of the detainee.