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Report No. 152

3.16. Section 50: Grounds of arrest.-

The section reads as under:-

"50. Person arrested to be informed of grounds of arrest and of right to bail.-(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him fall particulars of the offence for which he is arrested or other grounds for such arrest.

(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 50 has been regarded as mandatory, particularly in the light of Article 22(1) of the Constitution, so that non-compliance with the section renders the arrest and detention illegal.1

1. Ashok v. State, 1987 Cr LJ 1750

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