Section 50A CrPC - Obligation to Inform About Arrest to a Nominated Person
Section 50A of the Code of Criminal Procedure, 1973 imposed a specific duty on the person making an arrest to promptly communicate information about the arrest and the place of detention to a relative, friend, or another person nominated by the arrested person. It also required the police to inform the arrested person of this right, record compliance, and placed a verification duty on the Magistrate.
What is Section 50A of the Code of Criminal Procedure, 1973?
Section 50A formed part of Chapter V of the CrPC dealing with arrest of persons. The provision was inserted by Section 7 of the Code of Criminal Procedure (Amendment) Act, 2005 and came into force on 23 June 2006. Its purpose was to create a statutory procedure for communicating an arrest to a person chosen by the arrested individual and for documenting that communication.
Text of Section 50A CrPC
50A. Obligation of person making arrest to inform about the arrest, 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.
(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.
Meaning and requirements of Section 50A CrPC
1. Information about arrest and place of detention
The police officer or other person making the arrest was required to give information about both the fact of arrest and the place where the arrested person was being held. The information had to be given "forthwith", indicating that the communication was not intended to be postponed without justification.
2. Person nominated by the arrested person
The information could be given to a friend, relative, or another person disclosed or nominated by the arrested person. The provision therefore gave the arrested person a role in identifying the person who should be informed.
3. Duty to inform the arrested person of the right
Under sub-section (2), the police officer was required to tell the arrested person about the right contained in sub-section (1) as soon as the arrested person was brought to the police station. The duty was therefore not limited to sending information; the arrested person also had to be made aware of the statutory right.
4. Police station record of compliance
Sub-section (3) required an entry recording who had been informed of the arrest. The entry was to be made in the prescribed police station book in the form prescribed by the State Government. This created a documentary record of compliance with the communication requirement.
5. Magistrate must verify compliance
Sub-section (4) placed an independent duty on the Magistrate before whom the arrested person was produced. The Magistrate had to satisfy himself that the arrested person had been informed of the right under sub-section (2) and that the required entry under sub-section (3) had been made.
Key safeguards under Section 50A CrPC
- Prompt information about the arrest had to be communicated.
- The place where the arrested person was being held also had to be communicated.
- The arrested person could nominate a friend, relative, or another person to receive the information.
- The police had to inform the arrested person about this statutory right.
- The police station had to maintain a record showing who was informed.
- The Magistrate had a statutory duty to verify compliance with the specified requirements.
Section 50A CrPC and the law after 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Section 48 of the BNSS contains the corresponding provision concerning information about arrest to a relative, friend, or other nominated person. It also expressly requires information to be given to the designated police officer in the district. This article, however, is focused on the CrPC position applicable before implementation of the BNSS.
Related CrPC provisions on arrest
Section 50A operated alongside other safeguards and procedures in Chapter V of the CrPC. Related provisions include Section 41A on notice of appearance before a police officer, Section 41B on procedure of arrest and duties of the officer making arrest, Section 41C on control rooms, and Section 41D on the right of an arrested person to meet an advocate during interrogation.
Other connected provisions include Sections 41 to 44 concerning arrest without warrant, arrest by a private person, and arrest by a Magistrate, Sections 45 and 46 concerning protection of Armed Forces members and the manner of arrest, and Sections 47 and 48 concerning search for a person sought to be arrested and pursuit into other jurisdictions.
Historical note
Section 50A was inserted by Section 7 of the Code of Criminal Procedure (Amendment) Act, 2005, with effect from 23 June 2006. The provision remained part of the CrPC framework until the commencement of the BNSS regime, subject to the applicable transition and savings provisions governing individual proceedings.
Note: This page is a general legal information resource. The law applicable to a particular arrest or proceeding depends on the relevant date, facts, and statutory transition provisions.