Delhi HC Calls For Urgent Revision Of Arrest Memo Forms To Include Grounds For Arrest
The Delhi High Court has directed the Commissioner of Police to revise the arrest memo format to include a section for recording the grounds for arrest.
A petition was filed by an individual who challenged his arrest on the grounds that he was not informed about the reasons for his detention, which is a violation of Section 50 of the Criminal Procedure Code (CrPC).
A Bench of Justice Dinesh Kumar Sharma said, “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. This court considers that 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.”
Section 50 mandates that individuals arrested without a warrant must be informed of the reasons for their arrest. Upon reviewing the arrest memo in this case, the Court noted that the current format of the arrest memo did not contain any provision to state the grounds for the arrest.
In addition to this directive, the Court reiterated, “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 made it clear that failing to provide this information is not just a procedural lapse but a violation of the individual's fundamental right to liberty as guaranteed by the Constitution of India.
The Court further ruled that the arrest in this particular case was unlawful because the arrest memo did not provide the necessary details regarding the grounds for the detention, which is a critical safeguard for protecting the rights of the accused.
Cause Title: Pranav Kuckreja v. State (NCT of Delhi)
Appearance:
Petitioner: Advocates Manu Sharma, Abhir Datt, Debayan Gangopadhyay, Anant Gupta, Kartik Khanna, and Suryaketu Tomar
Respondents: Additional Standing Counsel Rahul Tyagi, along with Advocates Sangeet Sibou, Jatin, and Anikait Singh
