Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court
1 year, 2 months ago

Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court

Live Law  

The Delhi High Court on Monday observed that oral communication of “grounds of arrest” to an accused is proper compliance of Section 19 of Prevention of Money Laundering Act, 2002, for arrests made prior to the Supreme Court ruling in Pankaj Bansal v. Union of India, delivered on October 3, 2023. The court observed that at the time of Singal's arrest, oral communication of the grounds of arrest was proper compliance of the provisions of Section 19 of the PMLA. It added that as per the last month's Supreme Court ruling in Ram Kishor Arora v. Union of India, non-furnishing of grounds of arrest in writing till the date of pronouncement of judgment in Pankaj Bansal case could neither be held to be illegal nor the action of the concerned officer in not furnishing the same in writing could be faulted with. That apart, it has to be borne in mind that in the present case, the petitioner was arrested prior to the decision of Pankaj Bansal when oral communication of the grounds of arrest was proper compliance of the provisions of Section 19 of the PMLA,” the court said.

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History of this topic

Mandate Of Serving Grounds Of Arrest In Writing Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Punjab & Haryana High Court
1 month ago

Mandate Of Serving Grounds Of Arrest In Writing Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that the law laid down in the Pankaj Bansal case will be applicable prospectively which is after October 03, 2023, the date on which the judgment in Pankaj Bansal was pronounced.In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court held that the Directorate …

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court
Trending News
1 month ago

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court

Live Law  

The Delhi High Court on Thursday ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case. The Court …

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court
1 month, 2 weeks ago

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court

Live Law  

The Delhi High Court has observed that furnishing grounds of arrest in writing to an arrestee just about an hour before the remand hearing cannot be due or adequate compliance of the requirements of Section 50 of CrPC.The provision mandates that grounds of arrest must be communicated to an arrestee “forthwith” upon the arrest of a person.Justice Anup Jairam Bhambhani …

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court
3 months ago

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court

Live Law  

The Delhi High Court has held that grounds of arrest must be furnished to a person arrested under Section 69 of the Central Goods and Services Tax Act, 2017, 'in writing'. “It is evident from the principles as enunciated by the Supreme Court that the requirement to communicate the grounds of arrest in writing is sacrosanct.” The Judge added that …

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court
3 months ago

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court

Live Law  

The Delhi High Court has held that grounds of arrest must be furnished to a person arrested under Section 69 of the Central Goods and Services Tax Act, 2017, 'in writing'. “It is evident from the principles as enunciated by the Supreme Court that the requirement to communicate the grounds of arrest in writing is sacrosanct.” The Judge added that …

HC tells Delhi Police to update arrest memo
4 months ago

HC tells Delhi Police to update arrest memo

Hindustan Times  

New Delhi The update was imperative to ensure effective compliance with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, court said. The Delhi high court has directed Delhi Police to update the arrest memo used by its officers while arresting people, adding a column to record the grounds of arrest, underscoring the significance behind this information. The said section mandates …

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

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

Live Law  

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. Justice Sharma asked the Commissioner of Delhi …

Police must furnish grounds of arrest in writing & not just convey them orally, rules Supreme Court in Prabir Purkayastha case
10 months ago

Police must furnish grounds of arrest in writing & not just convey them orally, rules Supreme Court in Prabir Purkayastha case

The Hindu  

The Supreme Court’s verdict declaring NewsClick founder Prabir Purkayastha’s arrest, as well as remand, invalid is set to bring a sea change in the criminal procedures adopted by the police across the country. Gavai and Sandeep Mehta also differentiated between the meaning of the terms ‘reasons of arrest’ and ‘grounds of arrest.’ While the former relates to general parameters on …

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment
10 months ago

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment

The Hindu  

The Supreme Court on May 15 held that the right to life and personal liberty is the most sacrosanct of fundamental rights while declaring that investigating agencies should provide people arrested under the Unlawful Activities Prevention Act with a written copy of information specifying the grounds of their arrest. Gavai and Sandeep Mehta applied its earlier judgment in the Pankaj …

Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment
10 months ago

Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment

Live Law  

In one of the crucial developments, the Supreme Court, held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities Act 1967. “Apparently, this entire exercise was done in …

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court
1 year, 3 months ago

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court

Live Law  

A bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra was hearing the special leave petitions by the duo assailing a decision of the Delhi High Court upholding their arrest by the Delhi Police in a case under the Unlawful Activities Act over alleged Chinese funding to promote anti-national propaganda. Pointing to the Pankaj Bansal ruling in which …

Money laundering case: PMLA court grants bail to ex-revenue officer
1 year, 5 months ago

Money laundering case: PMLA court grants bail to ex-revenue officer

Hindustan Times  

A Prevention of Money Laundering Act Special Court, Panchkula, granted bail to former district revenue officer-cum-land acquisition collector of Panchkula in a money laundering case linked to alleged financial fraud with the National Highways Authority of India and the Haryana State Infrastructural and Industrial Cooperation. Naresh Kumar Sheokhand, 63, former district revenue officer-cum-land acquisition collector of Panchkula had pressed on …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 5 months ago

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?

The Hindu  

Published : Oct 14, 2023 08:38 IST - 5 MINS READ Article 22 of the Constitution dictates that no person who is arrested can be detained in custody without being promptly informed of the grounds for their arrest. This precarious situation can be easily avoided by providing the written grounds of arrest, as recorded by the authorised officer in accordance …

Cannot arrest for not responding to questions: Supreme Court tells ED
1 year, 5 months ago

Cannot arrest for not responding to questions: Supreme Court tells ED

Hindustan Times  

The Enforcement Directorate cannot arrest anyone under the Prevention of Money Laundering Act for failing to respond to agency’s questions, or for a mere non-cooperation in response to summons, the Supreme Court has held, adding it is not legitimate for the federal anti-money laundering agency to expect an admission of guilt from a person called for interrogation. The Supreme Court’s …

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]
10 years, 8 months ago

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]

Live Law  

The Supreme Court, has delivered a much awaited judgment by the common man. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused. In other words, when an accused is produced before the Magistrate, the police officer …

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