Delhi High Court Directs Delhi Police to Include 'Grounds of Arrest' in Arrest Memo Forms
The Delhi High Court has directed the Delhi Police to modify arrest memo forms to include a column for recording the "grounds of arrest" of an accused, ensuring compliance with Section 50 of the Cr.P.C. and Section 47 of BNSS, 2023. Justice Dinesh Kumar Sharma emphasized that anyone arrested must be informed of the specific offence and the reasons for their arrest.
In the case of Pranav Kuckreja v. State (NCT of Delhi), the petitioner challenged his arrest in a matrimonial dispute, arguing that the grounds for his arrest were not communicated, violating the mandatory requirements of Section 50 Cr.P.C. Despite the Delhi Police's claim that the grounds were conveyed orally, the Court found the arrest memo deficient, as it lacked a column for the grounds of arrest.
Granting bail, the Court declared the arrest illegal, citing non-compliance with Section 50 Cr.P.C. It emphasized that the grounds of arrest must be communicated to the accused immediately upon arrest. The Court clarified that its decision was based solely on this technical non-compliance and not on the merits of the case.
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