Arrest Memo

Source: Allahabad High Court 

Why in News? 

The bench of Justice Abdul Moin and Justice Babita Rani in the case of Shivam Chaurasiya Thru. His Brother Mr. Manas Chaurasiya v. State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko. and Others (2026) held that supplying grounds of arrest on a separate paper is invalid when the same is not referenced in the arrest memo and lacks witness attestation, as required under Section 36 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court further directed that the petitioner be set free, as the remand order was passed mechanically.

What was the Background of Shivam Chaurasiya v. State of U.P. (2026) Case? 

• The petitioner and the alleged victim-girl were in a consensual relationship, which was opposed by the victim's family.  
• The victim's family lodged an FIR against the petitioner under Sections 137(2), 87, 64(1), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), and Sections 3 & 4 of the POCSO Act, alleging that the petitioner blackmailed the girl with the threat of releasing intimate videos online. 
• The petitioner was called to the police chowki where he was compelled to sign the arrest memo and was subsequently arrested.  
• His brother was instructed to leave the chowki, and the arrest was communicated to the petitioner's mother only by telephone.  
• The arrest memo did not disclose any grounds for arrest. 
• The Special Judge, POCSO Court, Pratapgarh, did not advert to the evidence and sent the petitioner to 14-day judicial custody through a mechanical remand order. Accordingly, a writ petition for habeas corpus was filed before the Allahabad High Court.

What were the Court's Observations? 

• The Court, relying on the Supreme Court's decision in Mihir Rajesh Shah v. State of Maharashtra (2025), observed that no person can be detained without being informed of the grounds of arrest, and that such grounds are mandatorily required to be communicated to the arrestee. 
• Upon examining the arrest memo, the Court found that only the sections under which the FIR had been registered were mentioned, but no grounds or reasons for the arrest were provided. The State Counsel produced reasons for arrest on a separate paper, signed only by the petitioner. 
• The Court refused to place reliance on these separately supplied grounds, noting that they did not form part of the arrest memo, that neither column 12 nor column 13 of the arrest memo dated 28.01.2026, nor any other part of the memo, indicated that grounds were being supplied separately, and that the separate paper bore no witness attestation. The Court therefore concluded that the grounds were prepared either concurrently with or after the arrest memo. 

What is an Arrest Memo? 

About:  

• An arrest memo is a formal written document prepared by a police officer at the time of making an arrest, recording the material particulars of the arrest. 
• It serves as an official record of the arrest event and acts as a primary accountability tool to prevent arbitrary or unlawful detention. 
• It is distinct from an FIR (First Information Report) — while an FIR records the commission of an offence, the arrest memo records the fact and circumstances of the arrest itself.

Legal Basis:

• Section 36, BNSS, 2023 (replacing Section 41B, CrPC, 1973) — lays down the statutory obligation of every police officer to prepare an arrest memo at the time of making an arrest. 
• Section 36 of the BNSS outlines the procedure for arrest and the duties of the arresting officer.  
• Article 22(1) of the Constitution of India casts a mandatory unexceptional duty on the State to provide the arrested person with the grounds of such arrest with the objective of enabling that person to defend himself by consulting a legal practitioner of his choice.  
• Section 47, BNSS, 2023 (corresponding to Section 50, CrPC) — mandates that the arresting officer must forthwith communicate full particulars of the offence to the arrested person. 
• The guidelines on arrest memos from D.K. Basu v. State of West Bengal (1997) were subsequently incorporated into the CrPC, 1973 through the Amendment Act of 2008, which came into effect on 1 November 2010, and are now reflected in the BNSS, 2023.

Mandatory Contents of the Arrest Memo: 

As per Section 36, BNSS, 2023 and the D.K. Basu guidelines, an arrest memo must contain: 

• Name and identification of the arresting officer (must be accurate, visible, and clear). 
• Name and particulars of the person arrested. 
• Date and time of the arrest. 
• Place of arrest. 
• Grounds or reasons for the arrest — i.e., the offence or circumstances for which the arrest is being made. 
• Sections of law under which the arrest is made. 
• Signature/countersignature of the arrested person. 
• Attestation by at least one witness — either a family member of the arrested person or a respectable member of the locality where the arrest is made.

Witness Attestation Requirement: 

• The arrest memo must be attested by at least one witness — either:  
  • A family member of the person arrested, OR 
  • A respectable member of the locality where the arrest is made. 
• The arrested person must be informed of their right to have a relative or friend named by them informed of the arrest, unless the memorandum is already attested by a family member.  
• If no family member is available, the officer must inform the arrested person of their right to have any friend, relative, or person of their choice notified of the arrest. 
• If the relative or friend is in a different district or city, the concerned police station should be informed by telegraph within 8–12 hours of the arrest and then convey the information to the relative or friend.