Section 50A CrPC: Duty to Inform Family About Arrest Under Section 48 BNSS
A person taken into custody must not be left without a means for family or a nominated contact to learn about the arrest. Section 50A of the Code of Criminal Procedure, 1973 established notification and record-keeping duties. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 48.
What does Section 50A CrPC mean?
Section 50A is titled "Obligation of person making arrest to inform about the arrest, etc., to a nominated person." It requires prompt communication of an arrest and the place of detention to a friend, relative or other person identified by the arrested person. It also requires the arrested person to be informed of this right, an official record to be kept and the Magistrate to verify specified compliance.
Section 50A CrPC: Original statutory provision
Sub-section (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.
Sub-section (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.
Sub-section (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.
Sub-section (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.
Section 50A was inserted by the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005), effective 23 June 2006.
Section 48 BNSS: Current notification requirements
Section 48 BNSS, titled "Obligation of person making arrest to inform about the arrest, etc., to relative or friend", continues the central protection of notifying a person connected with the arrested individual. It requires prompt information about the arrest and place of detention to a relative, friend or other person disclosed or nominated by the arrested person, and also to the designated police officer in the district. The arrested person must be informed of the right, the notification must be entered in the prescribed record, and the Magistrate must check the relevant compliance when the person is produced.
The designated police officer requirement should be read alongside Section 37 BNSS, which addresses designated police officers and information about arrested persons.
Practical duties after an arrest
- Notify promptly: Communicate that the arrest has occurred and identify where the person is being held.
- Use the nominated contact: Give information to the relative, friend or other person identified by the arrested person, as applicable under the statute.
- Explain the right: Inform the arrested person of the right to notification as soon as the person is brought to the police station.
- Record compliance: Make the required entry identifying who was informed.
- Judicial verification: At production, the Magistrate must satisfy himself or herself that the specified duties to inform the arrestee and record the notification were fulfilled.
Related constitutional and statutory safeguards
Article 22(1) of the Constitution of India protects an arrested person against detention without being informed, as soon as may be, of the grounds of arrest and provides the right to consult and be defended by a legal practitioner of choice. Article 22(2) generally requires production before the nearest Magistrate within 24 hours, excluding necessary travel time, subject to constitutional exceptions.
The duty to inform family or a nominated contact is distinct from the duty to communicate grounds of arrest and information about bail under Section 50 CrPC (corresponding to Section 47 BNSS). Related provisions also address health and safety of arrested persons and the 24-hour limit on detention without judicial authorisation.
What if the family is not informed?
The arrested person or their lawyer can request that the police identify the notified contact, record the request and raise any failure before the Magistrate at first production. Relatives may contact the police station or the relevant supervisory police officer to establish the location of detention. Whether a failure affects the legality of a particular arrest or warrants other relief depends on the facts and applicable law; the notification duty does not by itself determine bail or release.
Frequently asked questions
Is the police required to inform a family member after arrest?
The law requires prompt notice to a relative, friend or another person disclosed or nominated by the arrested person. The current BNSS also refers to informing the designated police officer in the district.
Must the police disclose the place of detention?
Yes. The required notification includes the place where the arrested person is being held.
Does the Magistrate check whether notice was given?
The Magistrate has a statutory duty to check compliance with the provisions requiring the arrestee to be informed of the right and the notification to be recorded.
Does Section 50A CrPC still apply after July 2024?
For proceedings governed by the new procedural law, the corresponding provision is Section 48 BNSS. The CrPC repeal and savings provisions may preserve the earlier law for specified pending matters.
Official legal resources
- India Code - official central legislation database (search for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973).
- Ministry of Home Affairs - official notifications and information on new criminal laws.
- Bureau of Police Research and Development - criminal law implementation resources.
This article provides general legal information and is not a substitute for advice on an individual arrest or proceeding.