The Delhi High Court has ruled that individuals taken into custody must be informed of the grounds for their arrest immediately and granted sufficient time to consult a lawyer before any remand proceedings. The court emphasized that without this safeguard, an arrestee lacks a meaningful opportunity to contest their detention.
A bench led by Justice Anup Jairam Bhambani underscored the importance of Section 50 of the Code of Criminal Procedure (CrPC), which mandates that the arresting officer must provide the reasons for arrest “forthwith”—simultaneously with or as part of the arrest memo. The court asserted that any delay in this process deprives the accused of their fundamental rights.
The ruling came in response to a petition by Marfing Tamang, who challenged his police and judicial custody in a case involving allegations of sexual exploitation. Tamang argued that he was not informed of the grounds for his arrest in a timely manner, nor was he given adequate opportunity to consult his lawyer before his remand hearing. The High Court found these claims valid, concluding that his detention violated constitutional protections and procedural law.
Criticizing the remand process, the court noted that Tamang was given the arrest grounds only an hour before his hearing, which was insufficient for him to mount a proper defense. As a result, the court declared his arrest unlawful, set aside his remand orders, and ordered his release from custody.
This ruling reinforces the principle that legal rights cannot be bypassed in the name of expediency, reaffirming that immediate and meaningful legal consultation is a cornerstone of due process.