What is distinction between reasons of arrest and “grounds of arrest”?

So far as ground being communicated through the

remand application is concerned, the law in this regard is now

well settled. The Hon’ble Apex Court in case of Prabir

Purkayastha V/s State (NCT of Delhi) 2024 SCC OnLine SC 934

 has elaborately  considered this issue and in para 49 of the said decision, the distinction between the “reasons of arrest” and “grounds of arrest” have been culled out, which reads thus :

“49. It may be reiterated at the cost of repetition that

there is a significant difference in the phrase ‘reasons

for arrest’ and ‘grounds of arrest’. The ‘reasons for

arrest’ as indicated in the arrest memo are purely

formal parameters, viz., to prevent the accused person

from committing any further offence; for proper

investigation of the offence; to prevent the accused

person from causing the evidence of the offence to

disappear or tempering with such evidence in any

manner; to prevent the arrested person for making

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

Investigating Offcer. These reasons would commonly

apply to any person arrested on charge of a crime

whereas the ‘grounds of arrest’ would be required to

contain all such details in hand of the Investigating

Offcer which necessitated the arrest of the accused.

Simultaneously, the grounds of arrest informed in

writing must convey to the arrested accused all basic

facts on which he was being arrested so as to provide

him an opportunity of defending himself against

custodial remand and to seek bail. Thus, the ‘grounds of

arrest’ would invariably be personal to the accused and

cannot be equated with the ‘reasons of arrest’ which are

general in nature.”

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION (STAMP) NO.17029 OF 2024

Sachin Mahipati Nimbalkar Vs  The State of Maharashtra

CORAM: BHARATI DANGRE &

 MANJUSHA DESHPANDE, JJ.

 DATED : 23rd OCTOBER, 2024

Order : (Per Manjusha Deshpande, J.):-

Read full Judgment here: Click here.

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