Basic Law: Right to Receive a Copy of the Arrest Memo
One-Line Principle
An arrested person is entitled to important information and documentation concerning the arrest, including an arrest memo prepared according to law.
Simple Explanation
An arrest should not be an undocumented exercise of police power. The law requires the arrest and related safeguards to be properly recorded. This helps protect the arrested person against illegal detention and provides a clear record of when and how the arrest occurred.
Proper documentation of an arrest is an important safeguard in criminal proceedings and helps ensure accountability of the arresting authorities.
Key Legal Provision
- Section 36, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): prescribes safeguards relating to the procedure of arrest and identification of the police officer making the arrest.
Important Judgment
D.K. Basu v. State of West Bengal (1997)
The Supreme Court laid down important safeguards concerning arrest and detention, including proper documentation of arrest and communication of information to specified persons.
Important Points
- The arrest should be properly documented.
- The arrested person should be informed of relevant rights and grounds of arrest as required by law.
- A relative, friend or other nominated person should be informed in accordance with the applicable procedure.
- Proper records create accountability for the arresting authorities.
Remember
“An arrest must leave a lawful record, not merely a police claim.”
Legal Awareness
Arrest, documentation, information to the arrested person, intimation to a relative or friend, and oversight by the Magistrate or court.
Arrest Memo and Criminal Cases
Documentation of an arrest and compliance with the applicable legal safeguards are important aspects of criminal procedure. An arrested person should be aware of the safeguards available under law and the procedure followed by the arresting authorities.
For legal advice relating to arrest, criminal cases, bail, police procedure and criminal litigation, consult Adv. Keshav Mehra Advocate in Gurgaon experienced in handling criminal matters.
