Add 'Grounds Of Arrest' Column In Arrest Memo Forms: High Court Directs Delhi Police

The Delhi High Court has asked the Delhi Police to add a column in the arrest memo forms for recording the 'grounds of arrest' of an accused.

Justice Dinesh Kumar Sharma said that a revised arrest memo form or some annexures to be added to ensure effective compliance with Section 50 of Cr.P.C. and the corresponding Section 47 of BNSS, 2023.

The provisions state that anyone being arrested must be promptly informed about the specific offence and reasons for the arrest.

Justice Sharma asked the Commissioner of Delhi Police to ensure that necessary actions are taken for the modification in the arrest memo forms.

“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,” the Court said.

The observations were made while dealing with a plea moved by an accused challenging his arrest by the Delhi Police in a matrimonial dispute. The FIR was registered last year under Section 498A, 406, 328, 376, 109 and 34 of IPC.

The wife alleged that the couple entered into a secret marriage but differences arose between them over the time. She raised allegations of mental, physical and sexual abuse against the husband and his parents.

It was the accused's case that his arrest was carried out in contravention of the principles of law as the grounds for arrest were not communicated to him. He submitted that the investigating agency haf 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 Delhi Police said that although the arrest memo did not explicitly stated the grounds of arrest specific to the accused, but the said grounds were duly conveyed to him.

Declaring the arrest illegal and granting bail to the accused, the Court said that the “grounds of arrest” in compliance of Section 50 of Cr. P.C. has to be supplied to an accused “forthwith”.

“The court makes it clear that the present order been passed for release of the petitioner on the technical non-compliance of Section 50 Cr.P.C. This court has not gone into merits of the case,” it said.

Counsel for Petitioner: Mr. Manu Sharma, Mr.Abhir Datt, Mr. Debayan Gangopadhyay, Mr. Anant Gupta, Mr. Kartik Khanna, Mr. Suryaketu Tomar, Advs

Counsel for Respondent: Mr. Rahul Tyagi, ASC for the State with Mr.Sangeet Sibou, Mr. Jatin, Mr. Anikait Singh, Advs

Title: PRANAV KUCKREJA (IN POLICE CUSTODY) v. STATE (NCT OF DELHI)

Citation: 2024 LiveLaw (Del) 1262

Click here to read order