Section 50 CrPC Archives

S. 50 CrPC non-compliance arrest illegal

Empty Arrest Form, non- compliance of Section 50 of CrPC by the police; Bombay High Court upholds the arrest as illegal

The police under oath stated that the petitioner was informed the reasons of arrest by giving it in writing on a sheet of paper, but the fact that no such sheet of paper was ever served to the petitioner, and a completely false statement was made by the authorities, shocked the conscience of the Court.

Case Briefs High Courts

‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Bombay HC refers matter to Larger Bench

Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.

Case Briefs High Courts

Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused

From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.