Arrest, Agencies, and Criminal Courts

The Supreme Court's recent judgments significantly impact the rights of the accused and the practices of investigating agencies. These rulings address the necessity of custody before filing a charge sheet and the requirement to inform the accused of the grounds of arrest in writing.

Filing of Charge Sheet:

• Siddharth v. State of Uttar Pradesh (2021): The Supreme Court ruled that custody is not required for filing a charge sheet if the accused cooperates and the investigation can be completed without arrest. Section 170 of the CrPC does not mandate presenting the accused in custody when filing the charge sheet.
• Relief for Investigating Officers: This judgment provides relief to investigating officers (IOs), particularly in riot cases or when numerous accused are involved. It allows for filing charge sheets without needing all accused in custody, provided they are unlikely to abscond or disobey summons.
• Challenges in Implementation: Despite the ruling, IOs face practical difficulties in complying with this directive, such as courts not accepting charge sheets without the accused present or setting arbitrary limits on the number of charge sheets accepted per day.

Grounds of Arrest:

• Pankaj Bansal v. Union of India (2023): The Supreme Court emphasized the constitutional right under Article 22 and statutory mandate of Section 19(1) of the PMLA, requiring the grounds of arrest to be provided in writing. This ensures the accused can seek legal counsel and bail based on clearly stated facts.
• Extension to UAPA: In Prabir Purkayastha v. State (NCT of Delhi), the Court reiterated that the provision for informing the grounds of arrest applies equally under the UAPA. The grounds must contain specific details justifying the arrest, beyond mere formal parameters.
• Criminal Procedure Code (CrPC): Section 50(1) of the CrPC requires informing the accused of the grounds of arrest. The arrest memo must include details of the offense, date, place, time of arrest, and be signed by both the IO and the accused. However, there is no requirement to provide a copy of the arrest memo to the accused.

Policy Implications and Enforcement:

• Strengthening Legal Rights: The Supreme Court's directives aim to strengthen the legal rights of the accused, ensuring transparency and fairness in the arrest process. Providing written grounds of arrest aligns with constitutional protections and helps the accused mount an effective defense.
• Challenges for Law Enforcement: Implementing these directives may pose challenges for law enforcement, particularly in ensuring compliance and training officers to adhere to the new requirements.
• Potential Legal Amendments: To fully realize these protections, amendments to the CrPC may be necessary to mandate providing a copy of the arrest memo to the accused, thus enhancing accountability and adherence to constitutional mandates.

UPSC Mains Questions:

Q. Analyse the challenges faced by investigating officers in filing charge sheets in criminal courts. What measures can be taken to address these challenges?