HC refers key arrest procedure issues to larger bench

MUMBAI: A larger bench of the Bombay High Court will soon decide whether the grounds of arrest must be communicated to an accused in writing and whether a prior notice is mandatory before an arrest is made. HC refers key arrest procedure issues to larger bench A division bench of Justices Sarang Kotwal and S M Modak, hearing multiple petitions on the issue, referred the matter to a larger bench, citing “total confusion” in procedural aspects of arrest. The larger bench will determine the cut-off date until which these provisions remained mandatory and examine whether non-compliance renders an arrest illegal. If an accused is released solely because the grounds of arrest were not furnished in writing, it would cause serious prejudice to the victims.” BOX: Key questions before the larger bench -The larger bench will address several critical questions, including: -Does Section 50 of the CrPC mandate that the grounds of arrest be provided in writing?