Section 55 CrPC and BNSS: Procedure When a Police Officer Deputes a Subordinate to Arrest Without Warrant
Section 55 of the Code of Criminal Procedure, 1973 prescribed how a superior police officer may authorise a subordinate to arrest a person without a warrant in the superior officer's absence. The corresponding provision is Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of Section 55
The provision governs a specific situation: the officer in charge of a police station or an investigating police officer directs a subordinate officer to make a lawful warrantless arrest outside the directing officer's presence. The superior officer must provide written authority, and the subordinate must communicate its substance before making the arrest.
Section 55 CrPC, 1973: Original statutory provision
Sub-section (1)
When any officer in charge of a police station or any police officer making an investigation under Chapter XII 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.
Sub-section (2)
Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.
Section 55 BNSS, 2023: Corresponding current law
Section 55(1) BNSS applies when the officer in charge of a police station, or an officer investigating under Chapter XIII BNSS, requires a subordinate to arrest a person without a warrant while the superior officer is absent. It requires a written order naming the person and identifying the offence or other cause of arrest. Before the arrest, the subordinate must inform the person of the substance of the order and show it if requested.
Section 55(2) BNSS clarifies that these requirements do not affect a police officer's independent power of arrest under Section 35 BNSS.
Essential legal requirements
1. Lawful basis for arrest
The person must be one who can lawfully be arrested without a warrant. A superior officer's instruction does not independently create a power of arrest where the law does not permit one.
2. Written order from the superior officer
Where Section 55 applies, the superior officer must deliver a written order to the subordinate. It must specify the person to be arrested and the offence or other cause for arrest.
3. Notice before arrest
The subordinate must inform the person of the substance of the written order before arresting them. If the person requests to inspect it, the subordinate must show the order.
4. Independent powers of arrest
Section 55(2) preserves independently exercisable arrest powers under Section 35 BNSS (formerly Section 41 CrPC). The legality and necessity of any warrantless arrest must still be assessed under the applicable statutory safeguards.
Related safeguards and definitions
Arrest without warrant: An arrest made without first obtaining a judicial arrest warrant, where statutory conditions permit it. Subordinate police officer: A police officer acting under the direction of a superior officer for the arrest contemplated by Section 55. Officer in charge of a police station: The officer recognised as such under the applicable definition in Section 2 BNSS.
Other relevant provisions include Section 35 BNSS (when police may arrest without warrant), Section 36 BNSS (procedure and duties of the officer making arrest), Section 47 BNSS (information on grounds of arrest and right to bail), and Section 48 BNSS (information about arrest to a relative or friend).
Practical example
An investigating officer who is not present at the arrest location directs a subordinate to arrest a named suspect. If the proposed arrest is legally permissible without a warrant and Section 55 applies, the investigating officer must provide a written order identifying the suspect and the alleged offence or cause. The subordinate must communicate its substance before arrest and show the order if asked.
Official legal sources
Read the India Code official legislation portal for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). The Bureau of Police Research and Development BNSS reference PDF provides the text and corresponding CrPC provisions. Check the latest official amendments and commencement notifications before relying on a particular provision.
Frequently asked questions
Is Section 55 CrPC still in force?
The CrPC was replaced by the BNSS from 1 July 2024, subject to the savings and transitional provisions in Section 531 BNSS. The corresponding current provision is Section 55 BNSS.
Can a subordinate arrest solely on an oral instruction?
Where the specific delegation procedure under Section 55 applies, the superior officer must supply an order in writing. This does not eliminate independent powers of arrest under Section 35 BNSS.
Must the written order be shown?
The subordinate must notify the arrested person of the substance of the order before arrest and show the order if that person requests it.
This article provides general legal information and does not replace advice based on the facts of a particular case.