Section 55A CrPC and Section 56 BNSS: Health and Safety of Arrested Persons
A person taken into custody does not lose the right to basic health and safety. Indian criminal procedure expressly places responsibility for reasonable care on the person holding an accused in custody.
What does Section 56 BNSS provide?
Section 56, titled Health and safety of arrested person, states:
This is a positive statutory duty. It applies to the person who has custody of an accused, rather than only to the officer who initially made the arrest. The requirement of reasonable care must be considered in the circumstances, including any known illness, injury, disability, immediate medical need or threat to physical safety.
Section 55A CrPC: Original provision and legislative history
Section 55A of the Code of Criminal Procedure, 1973, headed Health and safety of arrested person, contained the same substantive requirement:
Legislative note: Section 55A was inserted by Section 9 of the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), effective 31 December 2009. The BNSS retains the duty under Section 56.
Meaning of important legal terms
Person having custody
The individual or authority exercising actual lawful custody or control of the accused, including a police or custodial official responsible for that person's care.
Reasonable care
Practical steps appropriate to the person's condition and foreseeable risks. Depending on the circumstances, this may require prompt medical attention, necessary medication, safe conditions, protection from violence, and appropriate response to signs of distress. The statute does not prescribe an exhaustive checklist.
Health and safety
Protection against avoidable harm to physical health and personal safety while in custody. Serious mental-health distress may also require appropriate care and urgent professional assessment.
Related statutory protections
| Provision | Subject and relevance |
|---|---|
| Section 53 BNSS (formerly Section 54 CrPC) | Medical examination of an arrested person, recording injuries or marks of violence and providing a copy of the examination report. |
| Section 56 BNSS (formerly Section 55A CrPC) | Duty of the person having custody to take reasonable care of the accused's health and safety. |
| Section 57 BNSS (formerly Section 56 CrPC) | Production of a person arrested without warrant before a Magistrate or the officer in charge of a police station without unnecessary delay, subject to bail provisions. |
| Section 58 BNSS (formerly Section 57 CrPC) | Restriction on detention beyond 24 hours without appropriate legal authority, excluding necessary journey time and subject to statutory provisions. |
| Articles 21 and 22 of the Constitution of India | Constitutional safeguards concerning life, personal liberty and arrest or detention. |
What should be done if an arrested person is unwell or unsafe?
- Inform the custodial officer immediately about any injury, medical condition, medication, disability or urgent symptoms, and request medical attention.
- Ask for the complaint and the action taken to be recorded; preserve available medical records and relevant details.
- Inform the legal representative and, where appropriate, seek intervention from the jurisdictional Magistrate for necessary medical care or protection.
- Where serious violations are alleged, obtain advice about available constitutional or statutory remedies, depending on the facts.
The existence of a custodial duty does not, by itself, decide whether a particular act or omission amounts to negligence, an offence or a constitutional violation; those questions depend on the evidence and applicable law.
Which provision applies after 1 July 2024?
Section 56 BNSS is the current corresponding provision. Section 531 BNSS repeals the CrPC but preserves specified pending proceedings and other matters. Accordingly, the applicable procedural code should be checked against the date and status of the particular case; an older CrPC reference should not automatically be treated as the governing provision in a new matter.
Official legislation and further reading
- Ministry of Home Affairs - New Criminal Laws (official access to the BNSS and related enactments).
- National Crime Records Bureau - BNSS chapter-wise provisions.
- Bureau of Police Research and Development - New Criminal Laws.
- India Code - Central legislation database.
Editorial note: This article provides general legal information. For a particular arrest or custody matter, verify the applicable statutory text, relevant court orders and case-specific circumstances.