Delhi High Court Urges Immediate Update of Arrest Memo Forms to Specify Reasons for Arrest.
The Delhi High Court has instructed the Commissioner of Police to change the arrest memo format to include a section for stating the reasons for arrest. This decision came after a person filed a petition claiming he was not informed about why he was detained, which goes against Section 50 of the Criminal Procedure Code (CrPC). Justice Dinesh Kumar Sharma stated that there is an urgent need to update the Arrest Memo Forms. The current forms do not have a space to record the reasons for the arrest. The court believes that a new arrest memo form or additional sections should be added to comply with Section 50 of the CrPC and Section 47 of BNSS, 2023. The Commissioner of Delhi Police is expected to take the necessary steps for this change.
Section 50 requires that individuals arrested without a warrant be informed of the reasons for their arrest. The Court observed that the existing arrest memo format lacks a section for this information. The Court emphasized that providing the reasons for arrest is very important. This information is essential for the arrested person to seek legal help, contest the remand, and apply for bail. The Court clarified that not providing this information is not just a minor mistake but a violation of the individual’s fundamental right to liberty as protected by the Constitution of India.
The Court also decided that the arrest in this case was illegal because the arrest memo lacked important information about the reasons for the detention, which is essential for protecting the rights of the accused.
Cause Title: Pranav Kuckreja v. State (NCT of Delhi)
Appearance:
Petitioner: Advocates Manu Sharma, Abhir Datt, Debayan Gangopadhyay, Anant Gupta, Kartik Khanna, and Suryaketu Tomar
Respondents: Additional Standing Counsel Rahul Tyagi, along with Advocates Sangeet Sibou, Jatin, and Anikait Singh
