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SUPREME COURT OF INDIA
M.M. Sundresh and Rajesh Bindal, JJ.
Ashish Kakkar – Appellant
Versus
Ut Of Chandigarh – Respondent
Criminal Appeal No. 1518 of 2025 [@ SLP [Criminal] No.1662 of 2025]
Decided on : 25-03-2025
| Table of Content |
|---|
| 1. appellant's arrest details. (Para 2) |
| 2. grounds for challenging arrest. (Para 3 , 4) |
| 3. non-compliance with arrest protocols. (Para 5 , 6) |
| 4. judicial reasoning for setting aside judgment. (Para 7) |
| 5. outcome of the appeal. (Para 8 , 9) |
ORDER :
1. Leave granted.
2. The appellant was arrested on 30.12.2024 in connection with FIR No. 33/2022 registered under Sections 384 , 420, 468, 471, 509 and 120B of the INDIAN PENAL CODE , 1860 and remanded to police custody for a period of 3 days.
3. Vide the present appeal, the appellant has challenged both his arrest and the remand order dated 30.12.2024 on three grounds, namely, there is a clear non-compliance of the mandate under Section 41-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'); the appellant was not heard at the time of remand and the grounds of arrest as mandated under Section 50 of the Code have not been furnished to the appellant as against the mere arrest memo.
4. We are inclined to consider only the last issue raised by the appellant with respect to the non-furnishing of the grounds of arrest.
5. Upon perusing annexure P-3, we can see that what has been provided to the appellant is only an arrest memo in the prescribed format, which is meant to be given to the appellant by way of an intimation. It has been filled up with the name of the appellant along with the place of arrest. Additionally, it has been written that he has been arrested based upon the statement of the co-accused.
6. We are in agreement with the submission made by the learned senior counsel appearing for the appellant that the said arrest memo cannot be construed as grounds of arrest, as no other worthwhile particulars have been furnished to him.
7. This, being a clear non-compliance of the mandate under Section 50 of the Code which has been introduced to give effect to Article 22(1) of the Constitution of India, 1950 we are inclined to set aside the impugned judgment, particularly, in light of the judgment rendered by this Court reported as Prabir Purkayastha vs. State (NCT of Delhi) - (2024) 8 SCC 254.
8. In such view of the matter, the impugned judgment stands set aside and the arrest of the appellant followed by the consequential remand order are also set aside.
9. The appellant shall be set at liberty, until and unless he is required in any other case. The appeal stands allowed accordingly.
Pending application(s), if any, shall also stand disposed of.
Non-compliance with Article 22(1) and Section 50 Cr.P.C. vitiates arrest and remand, necessitating communication of grounds for arrest and provision of legal aid.
The court emphasizes the necessity of compliance with Sections 41, 41A, and 50 of the Cr.P.C. regarding arrest procedures, highlighting the fundamental rights of individuals under Articles 21 and 22 ....
The requirement to inform an arrested person of the grounds for arrest is fundamental; however, substantial compliance may be sufficient, and procedural defects can be curable without rendering deten....
The failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
The failure to communicate the grounds of arrest to the accused constitutes a violation of constitutional rights, rendering the arrest and subsequent remand illegal.
Communication of grounds of arrest must be meaningful, ensuring awareness of factual basis for effective legal representation; strict adherence to formalism is not required if substance is achieved.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
The requirement to communicate grounds of arrest under Article 22(1) is satisfied when essential allegations are conveyed effectively, ensuring the accused's understanding and ability to prepare a de....
The failure to communicate the grounds of arrest as required by law renders the arrest illegal, violating constitutional rights.
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