The Delhi High Court has reinforced a fundamental right—ensuring that anyone taken into custody must be immediately informed of the reasons for their arrest. Interpreting Section 50 of the Code of Criminal Procedure (CrPC), the court ruled that the grounds for arrest must be provided simultaneously with the arrest memo, eliminating any ambiguity about law enforcement’s duty in such situations.
The judgment emphasized that the term “forthwith” in the legal provision leaves no room for delay. An arresting officer must communicate the charges at the exact moment of detention, preventing arbitrary deprivation of liberty. The court warned against any laxity in this process, stating that failure to inform the accused in real-time undermines their ability to seek legal recourse.
This ruling builds on a prior decision from 2024, which suggested incorporating a specific column in arrest memos for recording the grounds of arrest, ensuring immediate compliance with the law. The court issued this directive while granting bail to a manager implicated in a case involving allegations of sexual abuse and financial exploitation.
