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Criminal Law

Grounds of Arrest «
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 16-May-2024

Tags: Criminal Procedure Code, 1973 (CrPC)

Source: Supreme Court

Why in News?
Recently, the Supreme Court in the matter
of Prabir Purkayastha v. State of NCT of
Delhi has held that there exists a significant
difference between the phrases 'reasons for
arrest' and 'grounds of arrest'.

What was the Background of

Prabir Purkayastha v. State
of NCT of Delhi Case?
In this case, the officers of the PS Special
Cell, New Delhi carried out extensive
raids at the residential and official
premises of the appellant and the
company, namely, M/s. PPK Newsclick
Studio Pvt. Ltd.( company) of which the
appellant is the Director in connection
with FIR registered for the offences
punishable under the sections of the
Unlawful Activities (Prevention) Act, 1967
(UAPA) and the Indian Penal Code, 1860
(IPC).
The appellant was arrested in
connection with the said FIR on 3rd
October 2023 and the arrest memo was
in a computerised format and does not
contain any column regarding the
grounds of arrest of the appellant.
This very issue is primarily the bone of
contention between the parties to the
appeal.
The appellant was presented in the Court
of Learned Additional Sessions Judge and
the appellant was remanded to seven
days police custody vide order dated 4th
October 2023.
The appellant promptly questioned his
arrest and the police custody remand
granted by preferring criminal appeal in
the High Court of Delhi which stands
rejected by the learned Single Judge of
the High Court of Delhi.
The said order is subjected to challenge
in the present appeal by special leave
before the Supreme Court.
The Supreme Court allowed the appeal.

What were the Court’s

Observations?
The Bench comprising of Justices BR
Gavai and Sandeep Mehta observed that
there is a significant difference between
the phrases reasons for arrest and
grounds of arrest.
The Court explained that the reasons for
arrest are formal and could apply
generally to any person arrested for an
offence. On the other hand, grounds of
arrest are personal and specific to the
person arrested.
The Court also held that the grounds of
arrest would invariably be personal to the
accused and cannot be equated with the
reasons for arrest which are general in
nature.
It was further held that the grounds of
arrest informed in writing must convey to
the arrested accused all basic facts on
which he was being arrested so as to
provide him an opportunity of defending
himself against custodial remand and to
seek bail.

What are the Provisions

Relating to Arrest?

Introduction:
Arrest means the deprivation of a person
of his liberty by legal authority or by an
apparent legal authority.
The provisions of the CrPC that deal with
arrest range from Section 41 – 60A under
Chapter V of the Criminal Procedure
Code, 1973 (CrPC).
Under CrPC arrest can be made by:
Police Officer (Section 41)
Private Person (Section 43)
Magistrate (Section 44)

Persons Authorized to Arrest:

Police Officer

Arrest without warrant – Any police officer

may arrest without an order of Magistrate
and without a warrant when any person
(Under Section 41 CrPC)

Commits cognizable offence in his

presence,
Commits cognizable offence
punishable with less than or equal to 7
years of imprisonment with or without
fine:
Against whom reasonable complaint
is made
Credible information has been
received
Reasonable suspicion exists, if:
Police officer has reason to believe
on the basis of such complaint,
information, or suspicion that such
person has committed the said
offence
The police officer is satisfied that
such arrest is necessary:
To prevent such a person from
committing any further offence.
For proper investigation of the
offence.
To prevent such person from
causing the evidence of the offence
to disappear or tampering with
such evidence in any manner.
To prevent such person from
making any inducement, threat or
promise to any person acquainted
with the facts of the case so as to
dissuade him from disclosing such
facts to the Court or to the police
officer.
As unless such person is arrested,
his presence in the Court whenever
required cannot be ensured.

Provided that a police officer shall, in all

cases where the arrest of a person is not
required under the provisions of this sub-
section, record the reasons in writing for not
making the arrest.

The police officer shall record while making

such arrest, his reasons in writing:

Against whom a complaint has been

received or credible information has
been received and a reasonable
suspicion exists that such person has
committed a cognizable offence
punishable with imprisonment for more
than 7 years with or without fine and on
the basis of that information the police
is of the opinion that such person has
committed the said offence.
When such person is a proclaimed
offender.
In whose possession some stolen
property is found and there exists a
reason to believe that such person has
committed an offence in relation to that
stolen property.
When such person obstructs the police
officer while in the execution of his duty.
Who has escaped or attempted to
escape from lawful custody.
When such person is reasonably
suspected of being a deserter from the
armed forces of the union.
When such person is concerned with an
act committed outside India that is an
offence in India and against whom a
reasonable complaint has been
received or some credible information
has been obtained or a reasonable
suspicion exists and for the same, he is
liable for extradition or apprehension
under any law in force in India.
When such person is a released convict
and has breached some rules related
to his release.
When he is arrested under a requisition
made by a police officer to arrest such
a person who may be arrested without
a warrant.

Arrest with warrant (Subject

to Section 42):
No person concerned in a non-
cognizable offence or against whom a
complaint has been made or credible
information has been received or
reasonable suspicion exists of his having
so concerned shall be arrested without a
warrant or order of the Magistrate.
Private person

A private person can make an arrest by

virtue of Section 43 of CrPC when a person:

In his presence commits a non-bailable

and cognizable offence.
Is a proclaimed offender.
Magistrate

A Magistrate (Executive or Judicial) can

make an arrest under Section 44 of CrPC of
a person:

Either himself or may order any other

person to arrest the offender within his
local jurisdiction.
He may at any time arrest or direct the
arrest, in his presence, within his local
jurisdiction, of any person for whose
arrest he is competent at the time and
in the circumstances to issue a warrant.

Procedure of Arrest:
The procedure for how arrest is to be
made is provided under section 46 of the
Code.

Section 46 - Arrest How

Made -
(1) In making an arrest the police officer or
other person making the same shall
actually touch or confine the body of the
person to be arrested, unless there be a
submission to the custody by word or
action:

Provided that where a woman is to be

arrested, unless the circumstances indicate
to the contrary, her submission to custody
on an oral intimation of arrest shall be
presumed and, unless the circumstances
otherwise require or unless the police
officer is a female, the police officer shall
not touch the person of the woman for
making her arrest.

(2) If such person forcibly resists the

endeavour to arrest him, or attempts to
evade the arrest, such police officer or
other person may use all means necessary
to effect the arrest.

(3) Nothing in this section gives a right to

cause the death of a person who is not
accused of an offence punishable with
death or with imprisonment for life.

(4) Save in exceptional circumstances, no

woman shall be arrested after sunset and
before sunrise, and where such exceptional
circumstances exist, the woman police
officer shall, by making a written report,
obtain the prior permission of the Judicial
Magistrate of the first class within whose
local jurisdiction the offence is committed,
or the arrest is to be made.

Requisites Regarding Arrest:

Where arrest is not required, notice must
be compulsorily issued before arresting.
According to Section 41B of CrPC - Every
police officer while making an arrest
shall:
Bear accurate, visible and clear
identification of his name.
Prepare memo of arrest, attested by at
least one witness and countersigned by
the arrested person.
Inform person arrested his right to have
a relative informed.
Police control rooms are to be
established in every district and at the
state level according to Section 41C of
CrPC.
An arrested person is entitled to meet an
advocate during interrogation, not
throughout the interrogation as per
Section 41D of CrPC.
A Police Officer may, in addition to arrest,
exercise following powers:
May search a place entered by person
sought to be arrested.
May pursue any person into any place
in India.
Shall not subject person to more
restraint than necessary.
Inform arrested person the grounds of
arrest.
Inform arrested person of right to bail.
Has an obligation to inform about the
arrest to a nominated person.
Search for the arrested person.
Seize offensive weapon.
Medical examination of accused at the
request of police officer.
Medical examination of person accused
of rape.
Medical examination of arrested
person.
Duty of person having the custody to take
reasonable care of health and safety of
arrested person.
A person arrested must be taken before
the magistrate within 24 hours of the
arrest as per Section 57 of CrPC.
Officer in charge shall report to District
Magistrate of all arrests without warrant.
Person arrested to be discharged on his
own bond/bail/special order of
magistrate
Power to pursue and retake in case of
escape.
Arrest to be made strictly according to
the CrPC according to Section 60A.
In Arnesh Kumar v. State of Bihar
(2014), Supreme Court of India ordered
to ensure that police officers do not
arrest the accused unnecessarily and
magistrate do not authorize detention
in such cases.

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