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Serving Grounds of Arrest in Writing
« »21-Feb-2025
Source: Punjab & Haryana High
Why in News?
Recently, Justice Jasjit Singh Bedi stated that the Pankaj Bansal ruling is new because it mandates that written reasons for arrest must be provided, a requirement not previously enforced. It confirmed that this rule applies prospectively to all arrests made after 03rd October 2023.
- The Punjab & Haryana High Court held this in the matter of Ravinder v. State of Haryana (2025).
What was the Background of Ravinder v. State of Haryana ?
- On 23rd February 2022, Anurag @ Arjun was arrested in connection with a murder investigation.
- Upon arrest, Anurag provided a disclosure statement admitting to committing the offence alongside Ravinder @ Tanni @ Tarun (petitioner) and Sandeep @ Koki.
- According to Anurag's statement, he fired at the deceased with a country-made pistol, while the petitioner allegedly inflicted Danda (stick) blows to the victim's head, and Sandeep @ Koki inflicted leg and fist blows.
- The petitioner and Sandeep @ Koki were arrested on 24th February 2022.
- Upon their arrest, both made disclosure statements admitting involvement and stated they could help recover the motorcycle used in the incident.
- Following Anurag's disclosure, police recovered a country-made pistol and a motorcycle bearing Registration No.HR-06-AK-7850.
- The petitioner's disclosure led to the recovery of a Danda (stick) and a motorcycle bearing Registration No.HR-99KK-5009.
- On 27th February 2022, co-accused Sahil alias Poli was arrested and admitted to selling the country-made pistol to Anurag.
- On 8th March 2022, CCTV footage was recovered showing the deceased walking on foot at 21:27:16, followed by the petitioner and Anurag on a Pulsar motorcycle at 21:38:49, and Sandeep @ Koki with the deceased on a Splendor motorcycle at 21:38:51.
- Post-mortem examination revealed the deceased sustained multiple injuries including a lacerated wound on the left occipital region of the scalp, a contusion on the left side of the chest wall, scratch marks on the neck, and a fatal gunshot wound.
- The petitioner filed for bail, arguing that no specific role had been attributed to him beyond the confessional statements, and that Sandeep @ Koki (who received bail on 28th October 2024) was the one seen with the deceased in CCTV footage.
What were the Court’s Observations?
- The Court observed that the petitioner's case was distinguishable from that of Sandeep @ Koki, as the post-mortem report showed injuries caused by a blunt weapon (attributed to the petitioner) and a firearm injury (attributed to Anurag).
- Regarding the "last seen" evidence, the Court noted that two motorcycles were captured in CCTV footage within two seconds - one carrying the petitioner with Anurag, and another carrying Sandeep with the deceased, establishing that all accused were traveling together.
- The Court examined three Supreme Court judgments regarding the requirement to provide written grounds of arrest:
- Pankaj Bansal v. Union of India (2023) established that written grounds of arrest must be provided to arrestees
- Ram Kishore Arora v. Directorate of Enforcement (2024) clarified that the Pankaj Bansal judgment applies prospectively from 3rd October 2023
- Prabir Purkayastha v. State (NCT of Delhi) (2024) endorsed both previous judgments
- The Court determined that since the petitioner was arrested on 23rd February 2022 well before the 3rd October 2023 date when the Pankaj Bansal judgment was pronounced - he could not benefit from the requirement to provide written grounds of arrest.
- The Court concluded that based on the evidence and legal precedents, the petitioner was not entitled to bail.
Pankaj Bansal v. Union of India (2023):
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What is the Provision for Arrest and Notice for Arrest ?
- Section 41 and Section 41 A of CrPC provides for arrest and the notice of appearance before police officer respectively. This is contained in Section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Comparison between CrPC and BNSS:
Section 41 and 41A of CrPC |
Section 35 of BNSS |
Section 41: (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. |
Section 35: (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. |
(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate |
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. |
Section 41 A: (1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice |
(3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. |
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. |
(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. |
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. |
(5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. |
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. |
(6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. |
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(7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. |
- It is to be noted that under CrPC the notice for appearance before police officer is contained in Section 41 A and the grounds of arrest are mentioned in Section 41. However, under BNSS both these provisions have been amalgamated under Section 35 of BNSS.
- A new provision is added in the form of Section 35 (7).
- Section 35 (7) of BNSS provides that no arrest shall be made without prior permission of the officer not below the rank of Deputy Superintendent of Police in case:
- The offence is punishable for less than three years; and
- Such a person is infirm or above sixty years of age.