Chapter V
Section 50A CrPC: Obligation of person making arrest to inform about the arrest etc., to a nominated person
New Law Update (2024)
Section 35 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
(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.
Important Sub-Sections Explained
Section 50A(1)
This sub-section mandates that any police officer or other person making an arrest must immediately inform a friend, relative, or a person nominated by the arrested individual about the arrest and their place of detention. This ensures the arrested person’s immediate support network is aware of their situation, fostering transparency and reducing the likelihood of custodial misconduct.
Section 50A(4)
This sub-section places a crucial duty on the Magistrate, before whom an arrested person is produced, requiring them to verify that the police have informed the arrested person of their rights and duly recorded the details of notification. This acts as a vital judicial safeguard, ensuring procedural compliance and actively protecting the arrested person’s fundamental rights.
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark Supreme Court judgment laid down comprehensive guidelines for the police and other agencies making arrests and detentions. It notably emphasized the fundamental right of an arrested person to have a friend or relative informed about their arrest and the place of detention, along with the requirement to record this information. This ruling directly led to the subsequent insertion of Section 50A into the Code of Criminal Procedure, formalizing these critical safeguards against illegal detention and custodial abuse.