Grounds of arrest must be supplied to accused immediately upon arrest: Delhi High Court

The Delhi High Court recently ruled that the grounds for arrest under Section 50 of the Code of Criminal Procedure (CrPC) must be supplied to the accused simultaneously with the arrest memo [Marfing Tamang @ Maaina Tamang v. State (NCT of Delhi)]..Section 50 CrPC states that every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrestJustice Anup Jairam Bhambhani stressed that an investigating officer can no longer treat the matter of serving the grounds of arrest upon an arrestee with any levity..The Court took note of a co-ordinate bench’s 2024 ruling in which it was held that the grounds of arrest or the grounds for arrest must be communicated to an arrestee immediately and without delay.Pertinently, the Court in this regard also interpreted the word "forthwith" in Section 50 of Code of Criminal Procedure (CrPC) to the effect that a person arrested should be served with the grounds of arrest simultaneously with the issuance of arrest memo.“If any ambiguity were to remain regarding the interpretation given by the Co-ordinate Bench in Pranav Kuckereja (supra), this court would further hold that the word “forthwith” appearing in section 50 Cr.P.C. mandates the Arresting Officer (‘A.O.’) to serve upon an arrestee the grounds of arrest simultaneously with the issuance, or as part, of the arrest memo,” the judgment said. .The Court stated that such interpretation of the word “forthwith” would be in consonance with the constitutional mandate that a person cannot be deprived of his liberty mechanically or needlessly. Further, the Court explained that after a person is detained for enquiry or interrogation, he is arrested only when the Investigating Officer forms an opinion that there are some justifiable grounds to arrest him.“Once the grounds for requiring a person’s arrest have been formulated in the investigating officer’s mind, there can possibly be no reason why those grounds cannot be reduced into writing and communicated to the person simultaneously at the time of arrest,” it underscored..Any other connotation of the word “forthwith” would not only dilute the plain meaning of that word but would also erode the fundamental rights of a person, the Court said. Without being expressly and formally informed about the grounds of arrest, he would not be able to seek legal recourse against such arrest, it added.“It must also be observed that in its decision in Pranav Kuckereja (supra) the Co-ordinate Bench has in fact suggested that a column be incorporated in the format of an “Arrest Memo” requiring the I.O./A.O. to pen-down the grounds of arrest then-and-there, which would streamline and ensure that such grounds are communicated to the arrestee forthwith at the time of issuing the arrest memo,” the Court further noted.The Court made these observations while ordering release of the manager of an establishment alleged to be engaged in the sexual abuse and exploitation of victims and of benefiting financially from such activities..Advocates Adit S Pujari and Shaurya Mittal appeared for the petitioner.Additional Public Prosecutor Utkarsh appeared for the State..[Read Judgment]