HC determined the arrest unlawful due to failure to comply with ...

Police Failed to Immediately Inform Arrest Grounds to Accused Under Section 50 CrPC, Making Detention Unlawful

February 6, 2025

Case Laws Indian Laws HC

HC determined the arrest unlawful due to failure to comply with Section 50 CrPC's mandate of "forthwith" communication of arrest grounds. The court distinguished between 'grounds of arrest' and 'reasons for arrest', emphasizing that grounds must convey specific facts enabling defense against custodial remand and bail application. While formal arrest occurred at 6:30 PM via arrest memo, the investigating officer's failure to simultaneously serve arrest grounds violated both Section 50 CrPC and Article 22(1) of the Constitution. The court established that "forthwith" requires immediate and concurrent communication of arrest grounds to protect against arbitrary liberty deprivation. The petition challenging the arrest's validity was consequently allowed.

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HC determined the arrest unlawful due to failure to comply with ...

Police Failed to Immediately Inform Arrest Grounds to Accused Under Section 50 CrPC, Making Detention Unlawful

February 6, 2025

Case Laws Indian Laws HC

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