Question

Under which provision of the Code of Criminal Procedure it is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable

• A. S.150
• B. S.105
• C. S.50
• D. S.510

Hint:

Remember the cluster of rights of an arrested person under the CrPC, many of which mirror Article 22 of the Constitution: - S. 50: Right to be informed of grounds of arrest and right to bail. - S. 50A: Obligation of person making arrest to inform about the arrest to a nominated person. - S. 54: Examination of arrested person by a medical officer. - S. 57: Person arrested not to be detained more than 24 hours.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The right of an arrested person to be informed of the grounds of their arrest is a fundamental procedural safeguard. It is not only a statutory right under the CrPC but also a fundamental right under Article 22(1) of the Constitution of India.
Step 2: Detailed Explanation:
Section 50 of the Code of Criminal Procedure, 1973, is titled "Person arrested to be informed of grounds of arrest and of right to bail." It contains two crucial sub-sections:
- Section 50(1): Every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
- Section 50(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.
This section makes it a mandatory duty for the arresting officer to provide this information. Failure to do so can render the arrest illegal.
The other sections mentioned are incorrect. For instance, S. 150 deals with information of design to commit cognizable offenses.