RIGHT OF PERSON ARRESTED TO BE INFORMED OF THE GROUNDS OF ARREST

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  • Friday, January 3, 2014
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  • According to Section 50 of Code of Criminal Procedure, 1973, When a person is arrested without warrant, he should be IMMEDIATELY informed of the particulars of the offence and the grounds of his arrest. And where the offence is a bailable one, he should be informed of his Right to be Released on Bail.

    This provision confers a valuable right and non-compliance with it amounts to disregard of the procedure established by law.

    The allegation that the grounds of arrest or its particulars were not given would be enough to enable him to file a writ petition of Habeas Corpus. Provided that the person making such allegations should prove his allegations.

    Making known his grounds of arrest is a constitutional requirement and failure to comply with this requirement renders the arrest illegal.

    For format of Habeas Corpus Writ of Habeas Corpus

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