WARNING: Are You Aware Of The Changes In DGP's Arrest Circular?
download judgement https://t.me/sajjadhusainlaw/171 download Circular https://t.me/sajjadhusainlaw/173
Comprehensive Analysis and Summary of the Judgement
Case: Manjeet Singh @ Inder vs. State of U.P. & Others
Court: Allahabad High Court (Division Bench: Justices Mahesh Chandra Tripathi & Prashant Kumar)
Order Date: 9 April 2025
Key Laws Involved:
Constitution of India: Articles 21 (Right to Life/Liberty), 22(1) (Grounds of Arrest), 39A (Free Legal Aid)
Criminal Procedure Code (CrPC): Sections 50 (Communication of Grounds of Arrest), 50A (Informing Nominated Person), 304 (Legal Aid)
Bharatiya Nagarik Suraksha Sanhita (BNSS): Equivalent provisions (Sections 47, 48, 341)
Core Issues Raised by Petitioner
Illegal Arrest:
Arrest memo was a printed proforma lacking columns for "grounds of arrest."
No written communication of arrest grounds at the time of arrest, violating Article 22(1) and Section 50 CrPC (Section 47 BNSS).
Procedural Lapses in Remand:
Magistrate passed a mechanical remand order without:
Granting opportunity to oppose custody.
Ensuring legal aid/representation.
Non-compliance with Section 50A CrPC (Section 48 BNSS) (informing nominated person about arrest).
Violation of Legal Safeguards:
Failure to inform accused of right to legal counsel (violating Articles 22(1) & 39A).
Court's Findings & Legal Reasoning
1. Violation of Constitutional/Statutory Mandates
Article 22(1) & Section 50 CrPC:
Grounds of arrest must be communicated in writing in a language the accused understands.
Arrest memo (Annexure-1) was a generic form without grounds, rendering arrest illegal.
Legal Aid Rights (Articles 21, 22(1), 39A):
Accused not informed of right to legal counsel.
Magistrate failed to ensure compliance during remand.
2. Precedents Relied Upon
Prabir Purkayastha v. State (NCT of Delhi) (2024) & Pankaj Bansal v. Union of India (2023):
Mandatory written grounds of arrest are non-negotiable. Non-compliance vitiates arrest.
Vihaan Kumar v. State of Haryana (2025):
Burden of proving compliance with Article 22(1) lies with police.
Violation invalidates arrest and subsequent remand.
Ashish Kakkar v. UT of Chandigarh (2025):
Identical facts; arrest set aside for non-furnishing grounds.
3. Remand Magistrate's Failures
No application of judicial mind to necessity of custody.
Denied accused an opportunity to oppose remand.
Court's Decision
Impugned Orders Quashed:
Arrest and remand order dated 26.12.2024 declared illegal and void.
Petitioner Released:
Petitioner to be set at liberty immediately (unless required in another case).
Directions to Uttar Pradesh Police:
Director General of Police (DGP) must issue a statewide circular to:
Ensure strict compliance with Sections 50 & 50A CrPC (Sections 47 & 48 BNSS).
Mandate written communication of arrest grounds and legal rights.
Train Magistrates to verify safeguards during remand.
Key Legal Principles Reaffirmed
Article 22(1) Compliance:
Non-communication of arrest grounds automatically vitiates arrest and remand.
Remand Proceedings:
Magistrates must apply judicial mind and allow accused to oppose custody.
Legal Aid:
State must provide free legal counsel if accused cannot afford it.
Burden of Proof:
Police must prove compliance with arrest safeguards.
Significance of the Judgement
Safeguards Against Arbitrary Arrests: Reinforces that procedural lapses (e.g., generic arrest memos) invalidate detention.
Accountability Directive: Orders systemic reform via DGP circular to prevent future violations.
Alignment with BNSS: Applies new code (BNSS) provisions, signaling continuity in protecting arrestee rights.
Quotable Conclusion:
*"Non-compliance with Article 22(1) vitiates the arrest... filing of a chargesheet will not validate a breach of constitutional mandate."*
— Vihaan Kumar v. State of Haryana (Para 21)
...................
Comprehensive Analysis of DGP Uttar Pradesh Circular
Document Title: Arrest Memo & Personal Search Memo (as per BNSS, 2023 and Supreme Court Directives)
Issuing Authority: Director General of Police (DGP), Uttar Pradesh
Legal Basis:
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Replaces CrPC)
Supreme Court Mandates (e.g., D.K. Basu v. State of W.B., Prabir Purkayastha)
Core Components of the Circular
1. Arrest Memo (Pages 7–8)
Mandatory Fields:
Arrestee details (name, alias, age, parentage, contact, addresses).
FIR specifics (number, sections, police station).
Place, date, and time of arrest.
Grounds for Arrest:
Detailed justification under Section 35(1)(a) BNSS (arrest for cognizable offence).
Specific reasons (e.g., "prevent further offence," "ensure witness protection").
Legal Safeguards Compliance:
Written communication of arrest grounds (Section 47 BNSS).
Intimation to nominated person (Section 48(1) BNSS).
Confirmation of informing arrestee about:
Right to bail (for bailable offences).
Right to legal counsel (Section 38 BNSS).
Health status (trauma/injury check).
Declaration by Arresting Officer:
"The accused was thoroughly informed about the reasons and grounds of arrest... in the language understandable to him."
Witness Verification:
Signatures of 2 independent witnesses + arrestee/relative.
2. Personal Search Memo (Page 10)
Procedure under Section 49 BNSS:
Inventory of items recovered during search.
Confirmation of no injury during search.
Copy provided to arrestee.
Witness Attestation:
Mandatory signatures of 2 witnesses.
Key Legal Safeguards Enforced
Article 22(1) Compliance:
Explicit documentation of grounds for arrest (Item 12–13) and reasons (Item 8).
Ensures transparency, addressing violations highlighted in Manjeet Singh case.
Right to Legal Aid (Section 38 BNSS):
Arrestee must be informed of right to consult a lawyer (Item 16).
Health & Dignity Protections:
Medical check for injuries (Item 15).
Prohibition of coercion during search.
Accountability Measures:
Dual witness signatures to prevent custodial abuse.
Nodal officer intimation (Item 10) for oversight.
Significance & Implications
Direct Response to Judicial Directives:
Implements Allahabad HC's order in Manjeet Singh (para 18) requiring DGP to issue circular for Sections 47–48 BNSS compliance.
Integrates SC precedents (Prabir Purkayastha, D.K. Basu) into police protocols.
Systemic Reforms:
Standardized arrest/search forms eliminate "mechanical" proformas criticized in courts.
Training Imperative: Police must understand BNSS requirements to avoid future quashing of arrests.
Enhanced Transparency:
Audit trail via witness signatures and detailed documentation.
Enables courts to verify procedural compliance during remand.
Critical Gaps & Recommendations
Implementation Challenges:
Rural areas may lack resources for independent witnesses/legal aid.
Risk of "token compliance" without strict monitoring.
Suggestions:
Digital Integration: Upload arrest memos to a central portal for real-time judicial scrutiny.
Training Modules: DGP must conduct BNSS workshops for police and magistrates.
Penalties for Non-Compliance: Disciplinary action for officers violating protocols.
Conclusion
This circular is a progressive step toward curbing arbitrary arrests and aligning Uttar Pradesh police practices with constitutional-BNSS safeguards. By operationalizing the Manjeet Singh judgement, it prioritizes personal liberty and procedural integrity. Success hinges on rigorous enforcement and continuous oversight by the DGP and judiciary.
Key Quote from Circular:
"The accused was informed about the reasons and grounds of arrest... in the language understandable to him."
— Item 16 Declaration
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