Obligation of person making arrest to inform about the arrest, etc., to a nominated person :
Section – 50A. (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.]
COMMENTS
Requirements of the section – This provision confers a facility on a person arrested without warrant. Sub-section (1) enjoins on a police officer or other person arresting any person without warrant to communicate to him immediately particulars of offence or other grounds for which he had been arrested. Under sub-section (2) the officer is also required to inform the arrested person of his right to be released on bail if the case against him is bailable.
Analogous provisions in section 75 of the old Code—It may be noted in this connection that under section 75 of the old Code there was a somewhat similar provision which was confined to arrest under warrant. The provision of section 50 is, therefore, a beneficial one, to the person arrested without warrant.