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Must police prepare an arrest memo?

Short answer

Yes. Police must prepare an arrest memo with date, time, and place of arrest, attested by a witness. This is mandatory per Supreme Court guidelines.

Understanding the issue

The Supreme Court in D.K. Basu v. State of West Bengal mandated that an arrest memo must be prepared at the time of every arrest. This memo must include the date, time, and place of arrest, and must be attested by at least one witness who may be a family member of the arrested person or a respectable person of the locality. A copy of the arrest memo must be given to the arrested person. The memo must also include the name and designation of the arresting officer. Non-compliance with this requirement makes the arrest liable to departmental action and can be grounds for challenging the legality of detention.

Laws that apply

  • D.K. Basu v. State of West Bengal (1997) — Arrest memo requirement
  • BNSS Section 36 — Procedure of arrest