New Delhi: Delhi High Court has asked the police commissioner to ensure that a separate column providing grounds of arrest of an individual is included in the arrest memos, underlining that the information would serve as a fundamental basis for the arrested person to seek legal advice.
The 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... 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 in a recent order.
The court stressed that there was an urgent need to update the arrest memo forms being used as the existing ones had no column for recording the grounds of arrest. "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," it said.
The law states that anyone being arrested must be promptly informed about the specific offence and reasons for the arrest, the high court said, while deciding a man's plea challenging his arrest by police in a matrimonial dispute. In the FIR, the wife alleged that the couple had a secret marriage, but differences arose over time. She alleged mental, physical and sexual abuse by the man and his parents.
The man challenged his arrest, saying that 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 failed to comply with the law as the arrest memo did not disclose any grounds of arrest.
The police said that though the memo did not mention the grounds of arrest, he was informed about these.
The court declared the arrest illegal and granted the man bail, saying the "grounds of arrest" have to be supplied "forthwith".