Arrested Persons Must Be Given Time To Consult Lawyers : Delhi High Court

Arrested Persons Must Be Given Time To Consult Lawyers : Delhi High Court

  • Case Name: Marfing Tamang @ Maaina Tamang v. National Capital Territory of Delhi
  • Judge(s): Justice Anup Jairam Bhambani

The Delhi High Court emphasized that grounds for arrest must be communicated immediately under Section 50 of the CrPC now Section 47 of (BNSS) and adequate time must be provided to consult a lawyer before remand hearings.

The petitioner challenged his remand in a rape case, arguing non-compliance with Sec 50 of CrPC and Article 22(1) of the Constitution. 

The Court ruled the arrest unlawful and set aside the remand order due to the failure to inform arrest grounds simultaneously with the arrest.

Court Order / 9 months ago

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