Section 50 CrPC - Grounds of Arrest and Right to Bail under Section 47 BNSS
A person arrested without a warrant must be told promptly why the arrest is being made. Where the arrest concerns a bailable offence, the police must also inform the person of the right to bail and the ability to arrange sureties. These protections appeared in Section 50 of the Code of Criminal Procedure, 1973, and continue under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 50 CrPC - Original statutory provision
Section 50(1): Every police officer or other person arresting any person without 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.
Section 47 BNSS, 2023 - Current provision explained
Subsection (1) - Communication of grounds: A police officer or other person making a warrantless arrest must communicate the full particulars of the alleged offence or other legal grounds forthwith, meaning without avoidable delay. The explanation must be sufficiently clear for the arrested person to understand the basis of the detention and challenge it where appropriate.
Subsection (2) - Information about bail: If police arrest a person without warrant for an offence that is not non-bailable, the officer must tell the person that release on bail is available and that sureties may be arranged. This provision does not make a non-bailable offence automatically bailable.
The language of Section 47 BNSS substantially carries forward Section 50 CrPC. The official text is available through the Bureau of Police Research and Development BNSS publication and the BPR&D new criminal laws portal.
Constitutional protections and related legal duties
Article 22(1) - Right to know the grounds of arrest
Article 22(1) of the Constitution provides that an arrested person must not be detained without being informed, as soon as may be, of the grounds of arrest, and must not be denied the right to consult and be defended by a legal practitioner of choice. Constitutional exceptions apply to certain categories specified in Article 22(3).
Article 22(2) - Production before a Magistrate
Subject to constitutional exceptions, an arrested and detained person must be produced before the nearest Magistrate within 24 hours, excluding the time necessary for the journey from the place of arrest to the court. Further detention requires judicial authority.
Section 48 BNSS - Informing relatives or friends
Section 48 BNSS requires information about the arrest and the place of detention to be given promptly to a relative, friend or other nominated person and to the designated district police officer. The arrested person must be informed of this right, and the required police-station record must be maintained.
Sections 35, 36 and 38 BNSS
Section 35 sets out when police may arrest without warrant and includes provisions relating to notices of appearance. Section 36 addresses arrest procedure and duties of the arresting officer. Section 38 concerns access to an advocate of choice during interrogation, though not throughout interrogation.
Bailable and non-bailable offences
| Issue | Bailable offence | Non-bailable offence |
|---|---|---|
| General position | Bail is ordinarily a statutory entitlement when legal conditions are met. | Bail depends on applicable statutory provisions and judicial or authorised officer discretion. |
| Information at warrantless arrest | Police must inform the arrested person of the right to bail and the option of arranging sureties under Section 47(2). | Section 47(2) does not create an automatic right to bail, but grounds of arrest must still be communicated under Section 47(1). |
| Related provisions | See Section 478 BNSS. | See Sections 480 and 483 BNSS, as applicable. |
What should an arrested person do?
- Ask for the specific grounds of arrest and the offence alleged.
- Ask whether the offence is bailable and, if so, request release on bail in accordance with law.
- Request communication of the arrest and location of detention to a relative or nominated person.
- Seek assistance from a lawyer and preserve any arrest memo or related documents.
- If the grounds are not properly communicated or detention appears unlawful, obtain urgent legal advice about appropriate relief before the competent court.
Frequently asked questions
Must police tell a person why they are being arrested?
Yes. Section 47(1) BNSS requires prompt communication of the full particulars or other grounds for a warrantless arrest. Article 22(1) also provides constitutional protection regarding the grounds of arrest.
Does Section 47 BNSS apply only to arrests without warrant?
The express wording of Section 47 concerns arrests without warrant. Separate constitutional requirements and procedural rules may also apply to arrests under warrants.
Is bail automatic in every case?
No. Bailable and non-bailable offences are treated differently. Section 47(2) imposes an information duty in qualifying warrantless arrests; bail eligibility and release are governed by the applicable bail provisions.
Is Section 50 CrPC still the main provision after July 2024?
No. Section 47 BNSS is the corresponding current provision. The CrPC can remain relevant to proceedings covered by the savings provisions, including Section 531 BNSS.
Official legal sources
- BNSS, 2023 - official BPR&D PDF
- Ministry of Home Affairs - New Criminal Laws
- India Code - Central legislation
- Constitution of India - Legislative Department
This article provides general legal information. The outcome in any arrest or bail matter depends on the applicable law, facts and court orders.