Bharatiya Nagarik Suraksha Sanhita, 2023
Section 37
Designated police officer
The State Government shall—
(a) establish a police control room in every district and at State level;
(b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.
Why this exists
This provision responds to long-standing concerns about arbitrary arrests, custodial abuse, and families being unable to locate detained relatives. It draws on Supreme Court directions — especially in D.K. Basu v. State of West Bengal (1997) — which required police to maintain visible, transparent records of arrests so that people are not held secretly and can be traced by family or lawyers. The Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing the CrPC) turns these judicial safeguards into a statutory duty on state governments.
How courts read it
The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down guidelines requiring police to maintain arrest records, inform families, and make such information accessible, partly to prevent custodial deaths and enforced disappearances. Section 37 largely codifies this judicial mandate into binding statutory law, though courts had not yet interpreted this specific provision as of the assistant's knowledge cutoff.
Common misconceptions
- Myth: The police can keep an arrest completely secret if they choose to.
Fact: Under Section 37, arrest details must be recorded and displayed publicly (including digitally), making secret detention legally impermissible. - Myth: Only senior officers handle arrest records.
Fact: The law allows an officer as junior as Assistant Sub-Inspector to be designated for maintaining and displaying this information.