Section 50A CrPC: Obligation to Inform Nominated Person About Arrest
This section of the Code of Criminal Procedure (CrPC) mandates the police to inform a nominated person about the arrest of an individual.
1. Code
Section 50A CrPC:
Obligation to inform nominated person about arrest
Where a person is arrested, the police officer making the arrest shall, as soon as may be, inform in writing or orally, the person nominated by such person in the prescribed manner, of the fact of such arrest and the place where he is detained.
2. Explanation
- This section aims to ensure that the arrested person’s family or friends are aware of their arrest and detention.
- It empowers the arrested person to choose someone they trust to be informed.
- The information must be provided “as soon as may be,” implying a prompt and timely notification.
- The nominated person must be informed of the place of detention to facilitate access to the arrested individual.
3. Illustration
Imagine Mr. X is arrested by the police. As per Section 50A, the police officer must inform Mr. X’s wife (who he has nominated) about the arrest. The officer must provide this information orally or in writing, and must also tell her where Mr. X is being held.
4. Common Questions and Answers
Q: What is the prescribed manner for nominating a person?
A: The prescribed manner is usually specified by the state government’s rules. It may involve a written declaration or a form to be filled out by the arrested individual.
Q: Can the arrested person nominate anyone they choose?
A: Yes, the arrested person has the right to nominate any person they choose. However, it is advisable to nominate someone reliable who can provide support and assistance.
Q: What happens if the police fail to inform the nominated person?
A: Failure to comply with Section 50A can be considered a violation of the arrested person’s rights and can lead to legal consequences. The police may be held accountable for their negligence.
