Code
1[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.]
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.
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.
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.
