Constitutional Compliance Checklist for Magistrate Courts and Session Courts when Accused is Brought before them for Remand

MANDATORY CONSTITUTIONAL VERIFICATION CHECKLIST

IMMEDIATE ACTIONS (Before Considering Remand)

1. Article 22(1) Compliance Verification

- [ ] Verify if grounds of arrest were communicated to the accused

  - [ ] Check if grounds were provided in writing (not just orally)

  - [ ] Confirm grounds were provided "forthwith" (immediately) after arrest

  - [ ] Ensure grounds were communicated in language understood by accused

- [ ] Examine the arrest memo and related documents

  - [ ] Verify arrest memo contains specific grounds (not just reasons)

  - [ ] Check if grounds are detailed and personal to the accused

  - [ ] Confirm grounds go beyond generic allegations

- [ ] Distinguish between "Grounds" and "Reasons"

  - [ ] Grounds: Specific details necessitating THIS person's arrest

  - [ ] Reasons: General parameters applicable to similar offenses

  - [ ] Verify that GROUNDS (not just reasons) were provided

2. Documentation Review

- [ ] Check arrest documents for constitutional compliance

  - [ ] Arrest memo with proper grounds column filled

  - [ ] Written communication of grounds to accused

  - [ ] Time stamp showing immediate communication

  - [ ] Language of communication appropriate for accused

- [ ] Verify Section 50 CrPC compliance

  - [ ] Immediate information provided about arrest

  - [ ] Right to bail informed (if applicable)

  - [ ] Documentation of "forthwith" compliance

3. Section 41A CrPC Verification (if applicable)

- [ ] For offenses punishable up to 7 years:

- [ ] Check if notice under Section 41A was issued

  - [ ] Verify reasons recorded for not issuing notice

  - [ ] Confirm necessity of immediate arrest

CONSTITUTIONAL VIOLATION FOUND

If Article 22(1) Violation is Established:

- [ ] MANDATORY IMMEDIATE ACTION:

  - [ ] Order immediate release of accused ("forthwith")

  - [ ] Record detailed reasons for finding constitutional violation

  - [ ] Grant bail regardless of statutory restrictions

  - [ ] Do NOT remand the accused

- [ ] Documentation Requirements:

  - [ ] Record specific constitutional provisions violated

  - [ ] Document timeline of arrest and ground communication

  - [ ] Note specific deficiencies in arrest procedure

- [ ] Consider Additional Relief:

  - [ ] Issue directions to prevent future violations

  - [ ] Report systematic violations to higher authorities

NO CONSTITUTIONAL VIOLATION FOUND

If Article 22(1) Compliance is Satisfied:

- [ ] Proceed with Remand Consideration:

  - [ ] Examine necessity of custody

  - [ ] Consider statutory bail provisions

  - [ ] Apply regular bail considerations

SPECIAL CIRCUMSTANCES CHECKLIST

For PMLA Cases (Section 19 PMLA):

- [ ] Verify grounds communicated "as soon as may be"

- [ ] Check compliance with PMLA-specific requirements

- [ ] Apply constitutional mandate despite special law provisions

For UAPA Cases:

- [ ] Ensure constitutional protections not diluted by special law

- [ ] Verify detailed grounds specific to accused

- [ ] Apply heightened scrutiny for constitutional compliance

For Cases under BNSS 2023:

- [ ] Check Section 35 and Section 47 compliance

- [ ] Verify notice-cum-intimation requirements

- [ ] Ensure constitutional mandates maintained under new law

DOCUMENTATION REQUIREMENTS FOR COURT RECORDS

Order Content Must Include:

- [ ] Specific constitutional provisions examined

- [ ] Timeline of arrest and ground communication

- [ ] Reasons for finding compliance/violation

- [ ] Legal precedents relied upon

- [ ] Specific relief granted

Case Citations to Reference:

- [ ] Prabir Purkayastha v. State of NCT of Delhi (2024) 8 SCC 254

- [ ] Vihaan Kumar v. State of Haryana (2025 INSC 162)

- [ ] Harikisan v. State of Maharashtra (1962)

- [ ] Arnesh Kumar v. State of Bihar (2014)

COMMON ERRORS TO AVOID

Do NOT:

- [ ] Treat constitutional compliance as mere formality

- [ ] Accept "reasons" in place of "grounds"

- [ ] Allow post-facto compliance during remand hearing

- [ ] Overlook constitutional violations due to case gravity

- [ ] Accept oral communication as sufficient

Do NOT Accept:

- [ ] Generic arrest memo without specific grounds

- [ ] Delayed communication of grounds

- [ ] Computerized formats without grounds provision

- [ ] Via media solutions reducing constitutional rights to farce

EMERGENCY PROTOCOLS

If Constitutional Violation Found After Remand:

- [ ] Immediately review custody order

- [ ] Consider suo moto bail application

- [ ] Order immediate release if violation confirmed

If Higher Court Intervention Required:

- [ ] Document constitutional issues clearly

- [ ] Seek guidance on systemic violations

- [ ] Report pattern of non-compliance

TRAINING AND SENSITIZATION

Continuous Education Requirements:

- [ ] Stay updated on latest Supreme Court judgments

- [ ] Understand evolving constitutional jurisprudence

KEY CONSTITUTIONAL PRINCIPLES TO REMEMBER

1. Constitutional Rights are Paramount: Articles 21 and 22 override statutory restrictions

2. Immediate Action Required: "Forthwith" means no delay permitted

3. Meaningful Compliance: Form and substance both matter

4. Individual Responsibility: Each judge must actively protect fundamental rights

Note: This checklist is based on constitutional mandates and Supreme Court judgments. It must be used in conjunction with current legal provisions and recent judicial pronouncements. When in doubt, err on the side of protecting constitutional rights.

Last Updated: Based on judgments up to 2025

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