HC tells Delhi Police to update arrest memo
1 month 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 police officers who arrest a person without warrants to forthwith communicate to the arrestee, the grounds of arrest and the right to bail. This court is of the opinion that there is an urgent need to update the Arrest Memo Forms being used.” The court stressed the need to supply grounds of arrest while responding to a plea filed by a man seeking to declare his arrest illegal in a rape case. Opposing the petition, Delhi Police, represented by additional standing counsel Rahul Tyagi submitted that though the arrest memo did not explicitly state the grounds of arrest specific to the man, the same were duly conveyed to him and were also elaborated in the remand application.

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History of this topic

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court
4 days, 23 hours 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
4 days, 23 hours 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 …

Arrest info enough, grounds of arrest not necessary: Karnataka HC
3 weeks, 2 days ago

Arrest info enough, grounds of arrest not necessary: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court ruled that the verdicts of the Supreme Court, that grounds of arrest are to be informed to the accused, applies to the accused arrested under the Unlawful Activities Act and Prevention of Money Laundering Act and not for accused arrested under the Indian Penal Code and Karnataka Control of Organised Crimes Act, 2000. If grounds …

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters
1 month ago

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. The Court rejected the plea that investigation against the Jail Superintendent was lodged without following the provision …

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
3 months, 1 week ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

HC grants bail to Priyavrat Mandhana in money laundering case
3 months, 1 week ago

HC grants bail to Priyavrat Mandhana in money laundering case

Hindustan Times  

MUMBAI: The Bombay high court on Thursday granted bail to Priyavrat Mandhana, 35, son of Mandhana Industries’ promoter, Purushottam Mandhana, observing that the Enforcement Directorate did not have sufficient reasons to arrest him. HT Image Mandhana had approached the high court, seeking immediate release from jail, claiming that his arrest by the ED was illegal for failure of its officials …

CBI urges HC to dismiss petition of wife of arrested ex-ED officer
3 months, 3 weeks ago

CBI urges HC to dismiss petition of wife of arrested ex-ED officer

Hindustan Times  

MUMBAI: The Central Bureau of Investigation has requested the Bombay high court to dismiss a petition filed by the wife of suspended assistant director of Enforcement Directorate, Sandeep Singh, seeking his immediate release claiming that his arrest and detention were illegal. HT Image The petitioner, Divya, who was represented by advocates Sujay Kantawala and Mithilesh Mishra, had stated that Singh …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
5 months, 3 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Delhi magistrates ‘overlook’ violations during arrest: report
6 months, 3 weeks ago

Delhi magistrates ‘overlook’ violations during arrest: report

The Hindu  

A first-of-its-kind study on the functioning of magistrate courts in the Capital during the “first production” of an arrested person and subsequent remand proceedings has revealed that judges predominantly focus on procedural paperwork, often overlooking violations related to the arrest. The Project 39A report stated that there is no separate column for the age of the accused in the arrest …

Police must furnish grounds of arrest in writing & not just convey them orally, rules Supreme Court in Prabir Purkayastha case
7 months, 1 week 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 …

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

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year ago

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Live Law  

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail. The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to …

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

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 1 month ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 2 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 …

Delhi HC asks police to respond to pleas against arrest of NewsClick founder, HR head
1 year, 2 months ago

Delhi HC asks police to respond to pleas against arrest of NewsClick founder, HR head

The Hindu  

The Delhi High Court on Friday asked the city police to respond to pleas by NewsClick founder Prabir Purkayastha and the news portal’s human resources department head Amit Chakraborty, challenging their arrest in a case lodged under anti-terror law Unlawful Activities Act. Editorial | Undeclared Emergency: On the arrests and actions in Newsclick case ‘Serious allegations’ Solicitor-General Tushar Mehta, representing …

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest
1 year, 3 months ago

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest

Live Law  

The Patna High Court recently issued a circular for all the courts under its territorial jurisdiction of this Court directing them to follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Patna High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police officers not to …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 8 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Discretionary Power of Arrest Under Section 41A Of The CrPC
1 year, 9 months ago

Discretionary Power of Arrest Under Section 41A Of The CrPC

Live Law  

Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. The earlier sub-section of Section 41A state that: The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section of section 41, issue a notice directing the person …

Can't arrest just because it's lawful: Bombay HC while granting bail to Kochhars in ICICI-Videocon loan case
1 year, 11 months ago

Can't arrest just because it's lawful: Bombay HC while granting bail to Kochhars in ICICI-Videocon loan case

India Today  

Former ICICI Bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar have been released from jail in Mumbai after getting bail in a loan fraud case. "As a constitutional court, we cannot be oblivious to the contravention of the mandatory provisions of law and the judgments of the Apex Court," said a bench of Justices Revati Mohite Dere …

'Arrest Memo Has No Particulars Of Offence': Bombay High Court Grants Bail To Man Accused Of Smuggling iPhones Worth 500 Crore
2 years ago

'Arrest Memo Has No Particulars Of Offence': Bombay High Court Grants Bail To Man Accused Of Smuggling iPhones Worth 500 Crore

Live Law  

The Bombay High Court on Friday granted bail to a man arrested by Directorate of Revenue Intelligence for allegedly smuggling iPhone consignments worth Rs. "No particulars of the offence, save and except stating the penal sections, are forthcoming from the Arrest Memo…The contention of the learned Counsel for the first respondent that in the past, the Applicant has suffered penalty …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC
2 years, 4 months ago

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC

Live Law  

The Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure, requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. If the accused or the petitioner is unable to understand the meaning of the terms "show cause" then the …

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety
2 years, 5 months ago

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

Live Law  

Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay …

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court
3 years, 11 months ago

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court

Live Law  

The Allahabad High Court on Wednesday observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The matter before the Court The Bench was hearing an anticipatory bail plea filed on …

Andhra Pradesh High Court Seeks Explanation From Magistrate Ordering Remand In Case Of Automatic Arrest on Registration of FIR
4 years, 1 month ago

Andhra Pradesh High Court Seeks Explanation From Magistrate Ordering Remand In Case Of Automatic Arrest on Registration of FIR

Live Law  

The Andhra Pradesh High Court recently pulled up the Police Department for effecting arresting automatically on registration of FIR and overlooking safeguards against arrest, contained under Section 41A of CrPC. It therefore ordered thus: "The Sub Inspector of Police, Mangalagiri Town Police Station, Guntur Urban is directed to file a detailed affidavit on what are the steps taken by him …

Arrest Under Criminal Law: Who, When, Why And How?
4 years, 1 month ago

Arrest Under Criminal Law: Who, When, Why And How?

Live Law  

'In every arrest there is a custody, but not vice versa. In this section, three situations have been indicated before making an arrest, namely: Against whom a reasonable complaint has been made, or Credible information has been received, or A reasonable suspicion exists; If the above circumstances are present, then also, to justify the arrest it is necessary to follow …

Delhi HC Issues Notice In Application Seeking Modification In Order Directing Extension Of Interim Bail Granted To Prisoners On The Ground Of COVID19
4 years, 2 months ago

Delhi HC Issues Notice In Application Seeking Modification In Order Directing Extension Of Interim Bail Granted To Prisoners On The Ground Of COVID19

Live Law  

Delhi High Court has issued notice in an application seeking modification in court's order on extending the interim bail granted to certain prisoners in light of COVID19 pandemic. Moved by Public Prosecutor Amit Prasad, the modification is sought on the ground that certain prisoners convicted of heinous crimes are misusing the order of the court which has automatically extended the …

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]
4 years, 5 months ago

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]

Live Law  

Delhi High Court has directed the Director General to conduct an inquiry as to on how many occasions were the prisoner not released within 24 hours of being granted bail by a competent court, for reasons not attributable to that prisoner. The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad has directed the DG to submit a status …

Delhi HC Seeks Centre's Response On Plea To Disclose Names Of Persons Arrested By Delhi Police In Riots Cases
4 years, 5 months ago

Delhi HC Seeks Centre's Response On Plea To Disclose Names Of Persons Arrested By Delhi Police In Riots Cases

Live Law  

The Delhi Police has violated section 41C of the Criminal Procedure Code by not revealing the names of the persons arrested in connection with the Delhi riots, submitted the counsel for CPI leader Brind Karat before the Delhi High Court on Monday. The counsel further submitted before a division bench of Chief Justice DN Patel and Justice Prateek Jalan that …

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