The Delhi High Court recently directed the Commissioner of Police to add a column in arrest memos for writing the grounds for arrests.
Justice Dinesh Kumar Sharma passed the order on a plea by a man who challenged his arrest on the ground that he was not informed of the reasons for his arrest.
This violated Section 50 (persons arrested without a warrant must be informed of grounds for arrest) of the Criminal Procedure Code (CrPC), the Court was told.
The Court examined the arrest memo of this case and observed that the current format for arrest memos does not have a column to record the grounds of arrest.
“This court is of the opinion that there is an urgent need to update the Arrest Memo Forms being used. The Arrest Memo forms as capitulated in this case and in the case of Prabir Purkayastha (supra) clearly reveals that there is no column for recording the grounds of the arrest related to the accused ... A revised arrest memo form or some annexures are to be added to ensure effective compliance with Section 50 Cr.P.C. and the corresponding Section 47 of BNSS, 2023. The Commissioner of Delhi Police may ensure that necessary actions are taken for the said modification,” it proceeded to order.
The Court also reiterated that it is important to communicate the grounds of arrest in writing to arrested individuals expeditiously.
"Providing the grounds of arrest to the person being arrested is of utmost sanctity and significance. This information serves as the fundamental basis for the arrested individual to seek legal advice, challenge the remand, and apply for bail," the Court said.
The Court further held that the man's arrest in the present case was illegal since the arrest memo failed to communicate the grounds for his arrest.
“The requirement to convey these details is not a mere formality but a fundamental safeguard to uphold the individual's right to liberty under the Constitution of India,” the Court said.
Advocates Manu Sharma, Abhir Datt, Debayan Gangopadhyay, Anant Gupta, Kartik Khanna, Suryaketu Tomar appeared for the petitioner, Pranav Kuckreja.
Additional Standing Counsel Rahul Tyagi with Advocates Sangeet Sibou, Jatin, Anikait Singh appeared for the State.
[Read order]