Legal Provisions of Section 50 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Person Arrested to be Informed of Grounds of Arrest and of Right to Bail:
ADVERTISEMENTS:
This is completely a new section and its compliance is mandatory. It says that every person arrested without a warrant shall be informed of the grounds of the arrest and if the arrest is made for an offence which is bailable, he shall also be informed of his right to be released on bail so that he may arrange for the sureties etc.
The provisions of this section are in conformity with Article 22 (It of the Constitution which provides that an arrested person is entitled to know the grounds of his .arrest. Contravention of this provision will amount to disregard of the procedure established by law.
The allegation that the grounds of arrest which would have enabled the arrested person to file a writ of habeas corpus for his release, were not communicated to him, has to be proved by the person who makes such allegation.
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ADVERTISEMENTS:
It is expected that the grounds of arrest should be communicated to the arrested person in the language understood by him otherwise it would not amount to sufficient compliance, with the constitutional requirement under Article 22 (1) and Section 50 (1) of the Code of Criminal Procedure. The word ‘forthwith’ used in Section 50 (1) of the Code imposes a stricter duty on the police officer making arrest to communicate reasons of arrest to the arrested person ‘immediately’.
The Allahabad High Court has observed in Udayabhan Shuki v. State of U.P., that the right to be informed on the grounds of arrest is a precious right of the arrested person as it enables him to move the proper Court for bail, or for a writ of habeas corpus, or to make expeditious arrangements for his defence.
50-A. Obligation of person making arrest to inform about arrests etc., to a nominated person—(1) Every Police Officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The Police Officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
ADVERTISEMENTS:
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.]
Comment:
It is mandatory for the police officer making arrest of a person to inform the friend/relative or any other person to whom the arrestee wants to be informed about his arrest. A record of such information having been given by the police officer shall be .maintained in the police station where the arrestee is lodged. The section also requires the Magistrate to make sure that the provision of this section has been followed by the police officer making the arrest.