Chapter V
Section 50 CrPC: Person arrested to be informed of grounds of arrest and of right to bail
New Law Update (2024)
Section 35 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Bailable
Compoundable?
Bare Act Text
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Important Sub-Sections Explained
Section 50(1)
This sub-section mandates that any person arrested without a warrant must be immediately informed by the arresting officer of the specific reasons for their arrest, detailing the offence or other grounds.
Section 50(2)
This sub-section ensures that if a person is arrested without a warrant for a bailable offence, the police officer must inform them of their right to be released on bail and their option to arrange for sureties.
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
The Supreme Court laid down extensive guidelines for police officers during arrest and detention to prevent custodial violence and ensure human dignity. It reinforced the constitutional and statutory right of an arrested person to be informed of the grounds of arrest and to inform a relative or friend.
Arnesh Kumar v. State of Bihar (2014):
This judgment mandated that police officers must not make arrests mechanically, especially for offences punishable with imprisonment up to seven years. It emphasized the importance of recording reasons for arrest or non-arrest and reiterated the need to inform the accused of the grounds of arrest and the availability of bail for bailable offences, aligning with Section 50 CrPC.