Is a police officer, arresting a person without any warrant, bound to communicate forthwith to him the full particulars of the offence or other grounds for which he is arrested? Whether such an arrested person entitled to be released on bail or not?

Question: Is a police officer, arresting a person without any warrant, bound to communicate forthwith to him the full particulars of the offence or other grounds for which he is arrested? Whether such an arrested person entitled to be released on bail or not? [W.B.J.S 2000]

Find the answer to the mains question only on Legal Bites. [Is a police officer, arresting a person without any warrant, bound to communicate forthwith to him the full particulars of the offence or other grounds for which he is arrested? Whether such an arrested person entitled to be released on bail or not?]

Answer

According to Section 50 of the Code of Criminal Procedure (CrPC), Every police officer with the authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police officer which he cannot refuse.

Article 22(2) of our Indian Constitution provides that “no person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice.”

Timely information of the grounds of arrest serves the accused in many ways. It enables him to move the proper court for bail, or in the appropriate circumstances for a writ of habeas corpus, or to make expeditious arrangements for his defence.

In re Madhu Limaye, (1969) 1 SCC 292, Supreme Court held that Article 22(1) of the Constitution embodies a rule which has always been regarded as vital and fundamental for safeguarding personal liberty. Legislative manifestation of this fundamental right has been provided under Sections 50, 55 and 75 of the CrPC.

Further, Section 50(2) Cr.P.C. provides that 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 in bail that he may arrange for sureties on his behalf.

This will certainly be of help to persons who may not know about their rights to be released on bail in case of bailable offences. As a consequence, this provision may in some small measures, improve the relations of the people with the police and reduce discontent against them.

Section 55 of CrPC also states that in situations where a police officer authorizes his junior to arrest a person without a warrant, the junior official must notify the arrested person of the order of delegation that is given which must also mention the crime and the grounds of arrest.

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