The Delhi High Court has asked the police commissioner to ensure that a column for providing grounds of arrest to an individual is included in the arrest memos, saying this information serves as a fundamental basis for the arrested person to seek legal advice. The high court said providing the grounds of arrest to the person being arrested is of utmost sanctity and significance.
"It is no longer res integra (an entirely new thing) that grounds of arrest must be communicated in writing to the arrested individual 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," Justice Dinesh Kumar Sharma said. The court said there was an urgent need to update the arrest memo forms being used as the existing forms clearly revealed that there was no column for recording the grounds of 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 CrPC 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 said.
The provisions of law state that anyone being arrested must be promptly informed about the specific offence and reasons for the arrest. The court's order came while deciding a man's plea challenging his arrest by the Delhi Police on November 4 in a matrimonial dispute.
In the FIR, the wife had alleged that the couple entered into a secret marriage but differences arose between them over time. She raised allegations of mental, physical and sexual abuse against the husband and his parents.
The man challenged his arrest saying it was in contravention of the principles of law as the grounds for arrest were not communicated to him.
He submitted that the investigating agency had failed to comply with the mandatory requirements of law and that the arrest memo prepared at the time of his arrest did not disclose any grounds of arrest.
The police claimed in the court that though the arrest memo did not explicitly mention the grounds of arrest specific to the accused, he was duly informed about the grounds.
The high court declared his arrest to be illegal and granted him bail saying that the "grounds of arrest" in compliance of Section 50 of CrPC has to be supplied to an accused "forthwith" and at the earliest.
The courts, while examining the implementation of procedural safeguards emanating out of the constitutional rights, have to give strict interpretation to the law, it said.
The court made it clear that the order has been passed for release of the petitioner on the technical non-compliance of Section 50 CrPC and it has not gone into merits of the case.
The prosecution or the victim has the liberties to proceed with the investigation and take all the steps for a smooth probe of the case in accordance with law, it said.
