- In May 2024, the Supreme Court reiterated its earlier stand in the context of the liberty of individuals accused of criminal offences.
- Custody Not Necessary for Charge Sheet Filing:
- The Supreme Court ruled that custody of an accused is not necessary before filing the charge sheet in certain criminal cases.
- In Siddharth v. State of Uttar Pradesh and Another (2021), it was held that if the accused is cooperating and the investigation can be completed without arrest, the investigating officer (IO) need not present the accused in custody when filing the charge sheet.
- Section 170 of the CrPC does not mandate the IO to arrest every accused while filing the charge sheet. The court should not refuse to accept the charge sheet without the accused being present.
- This ruling aims to relieve investigating agencies and facilitate smoother court proceedings, especially in cases with many accused individuals.
- Need to Provide Grounds of Arrest in Writing:
- The Supreme Court emphasized that informing the accused of the grounds of arrest in writing is a fundamental right under Article 22 of the Constitution.
- In Pankaj Bansal v. Union of India and Others (2023), it was ruled that under the PMLA, 2002, the grounds of arrest must be provided in writing to the accused.
- In Prabir Purkayastha v. State (NCT of Delhi), the Court reiterated that this applies equally under the UAPA, 1967.
- Section 50(1) of the CrPC requires police officers to communicate the grounds of arrest and particulars of the offence to the accused, even for IPC offences.
- The arrest memo, containing details of the offence and grounds of arrest, should be provided to the accused to allow them to seek legal counsel and bail.
- The Supreme Court highlighted the need to amend the law to ensure the constitutional mandate is fulfilled, suggesting that a copy of the arrest memo should be provided to the accused.
Dig Deeper: Which provisions of the Prevention of Money Laundering Act (PMLA), 2002 and Unlawful Activities (Prevention) Act, 1967 go against the provisions of the Criminal Procedure Code?
