Arrest memo sans grounds of arrest invalid in law: High Court

Soumyadip Mullick, MP, 12 Apr 2025, Kolkata: Observing that an arrest memo which lacks reasons and grounds of arrest is not in accordance with law as it violates Article 22 (1) of Constitution, Calcutta High Court dismissed a revisional application by the Central Bureau of Investigation (CBI). 

The bench of Justice Suvra Ghosh was moved by the CBI challenging the order of a magistrate which rejected prayers for transit remand of the accused and granted him interim bail. 

According to the CBI, the accused was arrested in Kolkata on the basis of an arrest warrant issued by a magistrate in Madhya Pradesh. The arrest memo disclosed the penal sections as well as reasons for arrest. 

The memo was accompanied by the permanent arrest warrant. Further, the accused in his bail petition referred to the alleged offences. This indicates that he was aware of the charges against him. 

The counsel for the accused submitted that grounds of arrest were not informed to the accused in terms of Article 22 of the Constitution and he was not in a position to defend himself. The court observed an arrest warrant is a legal document issued by a court of law authorising enforcement of law to arrest an individual. An arrest memo is a formal internal communication used for conveying information. 

In this case, the arrest memo disclosed the penal sections while the permanent warrant was cited as the reason for arrest which is inadequate. An arrest warrant only refers to the penal sections and does not notify the substance of the warrant in terms of section 75/78(2) of the CrPC to the person to be arrested. 

The court opined the accused was not equipped with the knowledge of the substance for defending himself. The court observed: “The memo of arrest follows the warrant of arrest and in view of violation of the Constitutional mandate in issuing the warrant of arrest, the memo of arrest which is devoid of the reasons and grounds of arrest cannot be said to be in accordance with law.” 

https://www.millenniumpost.in/bengal/arrest-memo-sans-grounds-of-arrest-invalid-in-law-high-court-606215