Failure To Strictly Comply With S.48 BNSS Mandating Intimation Of Arrest To Family Not Fatal In Disturbed Areas: Gauhati High Court

The Gauhati High Court has held that strict compliance with Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring written intimation of the grounds of arrest to the relatives of the accused, cannot be insisted upon in certain exceptional circumstances, and that the facts of the present case constitute such an exception.

Justice Sanjeev Kumar Sharma, pressing over the case, observed, “At this stage, what is extremely important to notice is that the addresses of the relatives of the accused persons show that they are residents of Manipur. Judicial notice of the fact has to be taken that at the time of occurrence i.e. 18.08.2025, Manipur was still a highly disturbed area with sporadic incidents of ethnic violence and it could not have been very easy to serve such notices to the said persons within such a short time and also to obtain proof of service. The decision in Vihaan Kumar (supra) cannot be read as permitting of no exception regardless of the circumstances. The use of the term 'may' would prima facie support this view. Therefore, strict compliance with the provisions of Section 48 BNSS cannot be insisted upon in certain exceptional circumstances as the present one.”

The above ruling was made in a Bail Application registered under Sections 21(c), 25 and 29 of the NDPS Act, read with Sections 61(2) and 123 of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case recorded by the Court, the police were conducting naka checking on NH-29 when a vehicle coming from the Dimapur side was intercepted. Upon search of the vehicle, two packets were recovered, containing a muddy-coloured powder which, on field testing, was found to be Morphine. The total weight of the recovered contraband was stated to be 961.04 grams, which falls within commercial quantity. The petitioners, including the driver of the vehicle, were apprehended in connection with the recovery.

Notably, a WT message was sent by the Officer-in-Charge of Dillai Police Station, Karbi Anglong to the Officer-in-Charge of Lilong Police Station, Thoubal, Manipur, containing the grounds of arrest along with a request to serve the same upon the family or guardian of the arrested persons.

The Court noted, “On perusal of the record, it is seen that a WT message has been sent by the O.C, Dillai PS, Karbi Anglong to the O.C, Lilong PS, Thoubal, Manipur which contains the grounds of arrest along with a request to serve the same to the family/guardian of the arrested persons i.e. the present petitioners. The said WT message is dated 18.08.2025 i.e. the date of the arrest of the petitioner.”

On the question of grant of bail, the Court observed, “On perusal of the material on record, it appears that the petitioner No. 2 along with the petitioner No. 1 were caught red handed while transporting the contraband, which is of commercial quantity and therefore, the rigor of Section 37 of the NDPS would apply with full force in the present case. In other words, the Court is not in a position to come to a view that there are reasonable grounds to believe that the accused persons are not guilty of the alleged offence. However, the jail authorities are directed to provide proper medical treatment to the petitioner No. 2, including by way of taking her to the hospital, as and when required.”

While rejecting the bail application, the Court directed the jail authorities to provide proper medical treatment to petitioner no. 2, including taking her to the hospital as and when required.

Accordingly, the bail application was dismissed.

Case Title: Nawaz Shrif & Anr v State of Assam

Case Number: Bail Application No. 3301 of 2025

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