AI Overview...
- Ground of Arrest under Article 50 of the Constitution of India - Main points and insights:
- Article 22(1) of the Constitution mandates that any person who is arrested must be informed, as soon as possible, of the grounds for arrest (References: 02500036706, 02500065623, 02500007798, 02500065252, 02500013132, 02500037433, 00500026651, 02200017966).
- Section 50(1) of the Criminal Procedure Code (CrPC) aligns with Article 22(1), requiring arresting officers to communicate the grounds of arrest to the detainee at the time of arrest (References: 02500036706, 02500065623, 02500007798, 02500065252, 02500013132, 02500037433, 00500026651, 02200017966).
- Failure to inform the accused of the grounds of arrest renders the arrest illegal and may lead to bail or release (References: 02500036706, 02500065623, 02500007798, 02500065252, 02500013132, 02500037433, 00500026651, 02200017966).
- The prosecution has the duty to prove compliance with these provisions, and non-compliance can invalidate detention (References: 02500037433).
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The courts have consistently emphasized the importance of informing the arrestee of the grounds to safeguard personal liberty and prevent illegal detention (References: 02500036706, 02500065623, 02200017966).
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Analysis and Conclusion:
- The legal framework established by Article 22(1) of the Constitution and Section 50(1) of the CrPC ensures that an individual's right to be informed of the grounds of arrest is protected.
- Non-compliance with these provisions compromises the legality of the arrest and detention, potentially leading to bail or release of the accused.
- Courts have underscored that arresting officers must strictly adhere to these requirements, and failure to do so constitutes a violation of constitutional rights.
- Overall, the ground of arrest under Article 50 of the Constitution emphasizes transparency and procedural correctness in the arrest process, safeguarding individual liberty.
Search Results for "Ground of Arrest Article 50 of Constitution of India"
1995 0 Supreme(All) 111 • India - Allahabad
K.C.BHARGAVA, BRIJESH KUMAR, D.K.TRIVEDI
He filed a bail application on the ground that his arrest was illegal for violation of Section 50 of the Cr. P. ... Finding of the Court: The Court held that the provisions of Article 22 (1) of the Constitution and Section 50 (1) of ... AND ARTICLE 22 (1) OF THE CONSTITUTION - DUTY OF PROSECUTION TO PROVE COMPLIANCE - AFFIDAVIT BY ACCUSED NOT NECESSARY. ... Deepak Mahajan, observing that the arresting officers must inform the arrestee of the #HL_ST....
1987 0 Supreme(All) 384 • India - Allahabad
K.NATH, D.S.BAJPAI
He challenged his continued detention on the ground that he was not informed of the grounds of his arrest as required by Article ... of his arrest in the manner required by Article 22(1) of the Constitution of India and section 50(1) of the CrPC. ... ARTICLE 22(1) - ARREST - SECTION 50(1) CRPC - SUMMARY Fact of the Case: Petitioner, Ashok Kumar Singh, was arrested ... ... The short ground agains....
1995 0 Supreme(All) 109 • India - Allahabad
BRIJESH KUMAR, D.K.TRIVEDI, K.C.BHARGAVA
As soon as it is pointed out on behalf of the accused that the provisions of Article 22 (1) of the Constitution and Section 50 (1 ... not informed of the full particulars and grounds of his arrest at the time of arrest, in violation of Section 50 of the Cr. ... of arrest were not told to him at the time of arrest? ... Deepak Mahajan, observing that the arresting officers must inform the arrestee of the grounds of s....
1986 0 Supreme(All) 250 • India - Allahabad
KAMLESHWAR NATH, B.L.LOOMBA
of Section 50(1) Cr.P.C. and Article 22(1) of the Constitution of India. 6. ... of Section 50(1) Cr.P.C. and Article 22(1) of the Constitution of India. 6. ... violation of Section 50(1) Cr.P.C. and Article 22(1) of the Constitution of India? ... In a way these expressions carry the provisions of Article 22 (1) of the Constitution a little further as a limb of ' procedure established by law " under Article 21 of the Consti....
1983 0 Supreme(All) 228 • India - Allahabad
R.B.LAL
Whether the applicant was informed of the grounds of his arrest as required under Section 50(1) of the CrPC and Article 22(1) of ... of his arrest as required under Section 50(1) of the CrPC and Article 22(1) of the Constitution of India. ... (1) - ARREST - COMMUNICATION OF GROUNDS - NON-COMPLIANCE - DETENTION - ILLEGALITY - BAIL. ... 21 of the Constitution. ... C. and clause (1) of Article 22 of ....
• India - Crimes
B.S.KAPADIA, M.B.SHAH
(1)- Constitution of India- Article 22(5)- Arrest of petitioner for possessing charas without permit- Convicted a sentenced- Non-compliance ... " used in Article 22(5) of the Constitution of India. ... for such arrest. ... It may be clarified that there is no question of applying the principles laid down by the Supreme Court with regard to the interpretation of the word "ground" used in Article 22(5) of the Constitution of India. ... It may be stated that similar such provision is also....
1992 0 Supreme(All) 26 • India - Allahabad
K.L.SHARMA
Habeas Corpus - Illegal Detention - Compliance with Section 50 (1) of the Code of Criminal Procedure, 1973 and Article 22 (I) ... Issues: Compliance with Section 50 (1) of the Code of Criminal Procedure, 1973 and Article 22 (I) of the Constitution of India ... The court concluded that the arrest and detention, which took place on a different date than alleged, were not illegal. ... There is no denial of the principle of law that if the provisions of Section 50 (1) of the Code of Crimi....
1994 0 Supreme(All) 147 • India - Allahabad
K.C.BHARGAVA
CRIMINAL PROCEDURE CODE - SECTION 50(1) - ARTICLE 22(1) - ARREST - GROUNDS AND PARTICULARS OF OFFENCE - DISCLOSURE TO ACCUSED ... Whether it is the statutory duty of the prosecution to prove compliance with Article 22(1) of the Constitution and Section 50(1) ... Whether it is the statutory duty of the prosecution to prove compliance with Article 22(1) of the Constitution and Section 50(1) ... A ground#HL_....
• India - Crimes
I.MAHANTY, S.K.SAHOO
The ground of arrest was not communicated to the detenue. ... prescribed under Article 22(2) of the Constituti+on of India read with Section 57 Cr. ... Section 50(1) Cr.P.C. is in conformity with the provisions of Article 22(1) of the Constitution of India. ... Article 22(1) of the Constitution or India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the gr....
2014 0 Supreme(Ori) 198 • India - Orissa
I.MAHANTY, S.K.SAHOO
ARREST - Grounds of arrest must indicate at least in brief the reasons and necessity of arrest - If the arrest is made without compliance ... law for the time being in force providing for arrest - Detail stated. ... followed otherwise the arrest and the consequent detention would be illegal. ... ... It is further held that if the detention in custody could not continue after the arrest because of violation of Article 22 (1) of the ....
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