Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure

(1)      Whether the ratio of the decisions in Pankaj Bansal Vs. Union of India 2023 SCC OnLine SC 1244, Ram Kishor Arora Vs. Enforcement Directorate 2023 SCC OnLine 1682, Prabir Purkayastha Vs. State (NCT of Delhi) 2024 SCC OnLine 934, are applicable to Section 50 of the Code of Criminal Procedure, 1973 and involving the offences under the other statutes than Prevention of Money Laundering Act, 2002 & Unlawful Activities (Prevention) Act, 1967 ?

(2)      Whether Section 50 of the Code of Criminal Procedure, 1973 mandates the furnishing of the grounds of arrest in writing to the accused ?

(3)      If it is held that the communication of grounds of arrest in writing is necessary under Section 50 of the Code of Criminal Procedure Code, 1973, then

(i)       Whether it has to be furnished at the time of arrest or any time before consideration of the first remand application ?

(ii)     Whether the Court has discretion to consider such necessity depending on the gravity of the offence or circumstances in which the accused is arrested ?

(iii)    Whether, in the given cases, the Court can consider the prejudice caused to the accused for not furnishing the grounds of arrest in writing ?

(iv)     Before which forum the arrested person can raise his grievance for his release on this ground ? Whether it can be Magistrate’s Court granting remand, Sessions Court, Single Judge of this Court exercising jurisdiction in bail matters or before the Division Bench exercising powers under Article 226 of the Constitution of India?

(v)      For implementation of this mandate, what should be the cut off date ? Whether it should be from the date of the decision in Pankaj Bansal Vs. Union of India ::: Uploaded on – 31/01/2025 89 / 91 ::: Downloaded on – 06/02/2025 15:33:04 ::: 90 WP-ST-24338-24-GROUP.odt 2023 SCC OnLine SC 1244 or from the date of decision in Prabir Purkayastha Vs. State (NCT of Delhi) 2024 SCC OnLine 934 or from the date of decision in Mahesh Pandurang Naik Vs. State of Maharashtra and another decided on 18.7.2024 in Criminal Writ Petition [Stamp] No.13835/2024.

(4)       If it is held that oral communication under Section 50 of the Cr.P.C. is sufficient, then whether it can be communicated within 24 hours of the arrest or at the time of first Remand or it has to be at the time of arrest.

(5)      If a person is released for non-compliance of Section 50 of the Code of Criminal Procedure, 1973, can he be arrested again after following due procedure after his release?

(6)      Whether the notice under Section 41A of the Code of Criminal Procedure, 1973, is required to be given before arrest in all cases and in particular in the cases where the offence is punishable upto seven years, when the arrest of an accused is necessary ?

Judgment dated 31.1.2025 of the Division Bench of the High Court in Criminal Writ Petition (Stamp) No.24338 of 2024 of Vikcy Bharat Kalyani  Vs.   State of Maharashtra and others with connected matters.