Code of Criminal Procedure, 1973 · Chapter V: Arrest of Persons
Section 50A: Obligation of person making arrest to inform about the arrest, etc., to a nominated person
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Anyone making an arrest must immediately tell a friend, relative or other person nominated by the arrested person about the arrest and where they are being held. The police must tell the arrested person of this right when they reach the police station, and record in a register who was informed.
- The Magistrate before whom the person is produced must check that these requirements were met.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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. 1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009). 2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006). 3. Ins. by s. 7, ibid. (w.e.f. 23-6-2006).
(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.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 50A
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Mihir Rajesh Shah v. State of Maharashtra and Another
Whether in each and every case, even arising out of an offence under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith…
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Kasireddy Upender Reddy v. State of Andhra Pradesh and Ors.
Whether the arrest of the appellant’s son was per se illegal for want of supply of appropriate and meaningful grounds of arrest, as alleged.
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Vihaan Kumar v. State of Haryana & Anr.
The main issue canvassed by the appellant in this appeal is the violation of the appellant’s right under Article 22(1) of the Constitution of India as the appellant was not informed of the grounds for his arrest.
- Union of India v. Ashok Kumar Sharma and Others
- Surinderjit Singh Mand & Anr. v. State of Punjab & Anr.
- Sadhwi Pragyna Singh Thakur v. State. of Maharashtra