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Delhi High Court has directed the Commissioner of Police to revise arrest memo forms to include a dedicated column.
NEW DELHI: The Delhi High Court has directed the Commissioner of Police to revise arrest memo forms to include a dedicated column detailing the grounds of arrest, addressing a significant procedural gap.
Justice Dinesh Kumar Sharma issued the order in response to a plea by a man who challenged his detention, arguing that he was not informed of the reasons for his arrest. The court observed that this omission violated Section 50 of the Criminal Procedure Code (CrPC), which mandates that individuals arrested without a warrant be informed of the grounds for their detention.
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Upon examining the arrest memo in this case, the court noted the absence of a provision to record such crucial information. It emphasized the importance of compliance with legal safeguards, stating, “There is an urgent need to update the arrest memo forms. The current format fails to include a column for recording the grounds of arrest. This oversight undermines compliance with Section 50 CrPC and the corresponding Section 47 of BNSS, 2023. The Commissioner of Delhi Police must ensure appropriate modifications to address this issue.”
The court underscored the necessity of communicating the reasons for arrest in writing to the detainee without delay, noting that this information is vital for seeking legal recourse, challenging detention, or applying for bail. It further declared the petitioner’s arrest illegal due to the failure to convey the grounds in the arrest memo.
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Advocates Manu Sharma, Abhir Datt, Debayan Gangopadhyay, Anant Gupta, Kartik Khanna, and Suryaketu Tomar represented the petitioner, Pranav Kuckreja. On behalf of the state, Additional Standing Counsel Rahul Tyagi, along with Advocates Sangeet Sibou, Jatin, and Anikait Singh, appeared in the matter.
The judgment highlights the fundamental importance of safeguarding individual liberty and ensuring adherence to constitutional rights during the arrest process.
