Update arrest memo to include ‘grounds of arrest’: Delhi High Court tells Police

While the prosecution argued that the grounds of arrest were duly mentioned in the remand application, the court said it does not specify the grounds of arrest at the time the arrest was effected

The Delhi High Court has ordered the Delhi Police to update the Arrest Memo Forms being used by cops to add a column for recording the grounds of arrest related to the accused.

Arrest memo is prepared by the police officer carrying out the arrest of a person at the time of arrest. In Delhi, the arrest memo filed by police most commonly includes the date, time, and place of arrest as well as case-related information, including the First Information Report (FIR) number, police station details, and criminal provisions invoked.

Justice Dinesh Kumar Sharma, in the November 18 judgment, said, “there is an urgent need to update the Arrest Memo Forms being used” as the arrest memo forms used by Police does not have 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,” the court ordered.

The court’s direction came while ordering for the release of a man, who was arrested on November 4, 2024, for alleged rape and other offences on the complaint by a woman, who he was dating since July 2019.

While the prosecution argued that the grounds of arrest were duly mentioned in the remand application, which was provided to the man on the next date when the remand was sought.

The court, however, said though the remand application details the complete facts and investigation, it does not specify the grounds of arrest at the time the arrest was effected. “This omission constitutes a direct violation of Section 50 of Cr.P.C.,” the court said.

The court said, “...the law mandates the police officer to inform the arrested individual of the full particulars of the offence or the grounds for 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 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,” it added.

The court held that the arrest of the petitioner in the case registered at Police Station Tuglak Road here is “illegal and is required to be set aside”. It, however, clarified that the order for release of the petitioner was passed on “the technical non-compliance of Section 50 Cr.P.C.” and that it has not gone into merits of the case.

Published - November 20, 2024 04:19 pm IST