CrPC Section 50
What Section 50 says (in essence)
Section 50 has two core duties when a person is arrested without a warrant:
Tell the person why they’re being arrested.
The officer must immediately tell the arrested person the full particulars of the offence or the specific grounds of arrest. No vague statements—real, concrete reasons.
Tell them about bail—if the offence is bailable.
If the arrest is for a bailable offence, the officer must inform the person that they are entitled to be released on bail and that they can arrange sureties.
In short: “Why am I being arrested?” and, if it’s a bailable case, “You can get bail—call your surety.”
Why this exists
To prevent secret or arbitrary arrests.
To let the person defend themselves immediately (e.g., call a lawyer, prepare surety for bail).
It gives effect to Article 22(1) of the Constitution (right to be informed of grounds of arrest).
Who must follow it?
Every police officer (or person) arresting without warrant.
This includes arrests under general powers (e.g., Section 41 CrPC) or preventive arrests (like Section 151 CrPC).
How the information should be given
Forthwith (immediately)—at the time of arrest or without delay.
Clearly and specifically—not just “for crime” but the offence name/section or facts that justify the arrest.
In a language the person understands (if needed, by translation/interpretation).
Ideally recorded in the arrest memo (good practice and supported by other CrPC requirements/guidelines).
What if the offence is non-bailable?
Section 50’s bail-intimation part applies only to bailable offences.
If it’s non-bailable, the officer still must tell the grounds of arrest (first duty), but they don’t have to say you’re entitled to bail (because entitlement is different in non-bailable cases).
You may still apply for bail before a court depending on the facts, but it’s not an automatic entitlement the police must mention under Section 50.
What about arrests with a warrant?
Section 50 technically applies to arrests without warrant.
For warrant arrests, look at Section 75 CrPC (the person must be notified of the substance of the warrant and shown it if they ask). The idea—know why you’re being arrested—still exists, just via a different section.
Consequences if Section 50 is ignored
It can render the detention illegal or violative of fundamental rights, opening the door to:
Court intervention (habeas corpus, bail, quashing in appropriate cases).
Departmental/disciplinary action against the officer.
Compensation in egregious cases of unlawful deprivation of liberty (public law remedy).
Even if the arrest isn’t automatically void every time, non-compliance seriously weakens the prosecution and strengthens the accused’s challenge.
How Section 50 works in real life (examples)
Example 1: Bailable offence
Rita is picked up for a minor hurt case (bailable). The officer must say:
“You’re being arrested for an offence under Section ___ IPC based on complaint X,” and
“This is bailable; you’re entitled to bail—please arrange surety.”
Rita calls a friend as surety and gets released from the police station.
Example 2: Non-bailable offence
Arun is arrested for robbery (non-bailable). The officer must clearly state the grounds/offence. The officer need not say he’s entitled to bail under Section 50(2), though Arun can later apply for bail before court.
Example 3: Vague reason = violation
Saying “You know what you did” or “We’ll tell you later” violates Section 50. The arrestee can challenge the arrest/detention.
Your quick rights checklist at the time of arrest
Ask: “What exactly are the grounds/which offence?” (They must tell you.)
Ask if it’s bailable. If yes, they must inform you of your entitlement to bail and let you arrange a surety.
Ask for the arrest memo details (time, place, grounds, witnesses)—this is part of broader arrest safeguards.
Ask to inform a relative/friend and call a lawyer (related protections—see below).
Note the time and names of officers present.
Related provisions you should know (work together with Section 50)
Section 50-A CrPC: Police must inform a friend/relative of your arrest and where you’re kept; it must be entered in the station diary.
Section 41-B CrPC: Arrest memo, identification of police officers, and information to a relative/friend—formalizes documentation.
Section 41-D CrPC: Right of the arrested person to meet an advocate of their choice during interrogation (at reasonable intervals).
Section 57 CrPC: Must be produced before a Magistrate within 24 hours (excluding travel time).
Section 75 CrPC: For warrant arrests, the substance of the warrant must be notified and shown if demanded.
Sections 436 & 436-A CrPC: Bail in bailable cases; limits on pre-trial detention.
Constitution Article 22(1): Fundamental right to be informed of grounds of arrest and to consult a lawyer.
Common misunderstandings—cleared up
“Police can keep the reason secret.” No. They must communicate full particulars at once.
“Bail info is optional even in bailable cases.” No. In bailable offences, informing about the bail right is mandatory.
“Section 50 applies only at the police station.” No. It applies at the time of arrest—wherever it happens.
Practical tips (for both sides)
Police: State the offence/grounds clearly, in plain language; record it in the arrest memo; if bailable, tell the person about bail and facilitate surety; note everything contemporaneously.
Arrestee/Family: Politely insist on the grounds, ask if bailable, arrange surety, contact lawyer, keep a record of time/officers’ names.
One-minute recap
Section 50(1): Tell the grounds of arrest immediately (for all arrests without warrant).
Section 50(2): If the offence is bailable, tell the person they’re entitled to bail and may arrange sureties.
Non-compliance can lead to illegality, bail, disciplinary action, and even compensation in suitable cases.
Use it with Sections 50-A, 41-B, 41-D, 57, 75, 436/436-A and Article 22(1) for a full rights picture.
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