Exersice: Find the errors in the Arrest Memo & Warrant
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Scenario
A person, Gourav got into a fight with a person named Sudheesh over a girl. In a fit of anger, he came to Sudheesh and caused significant physical harm, with two of his teeth falling off, and bruises over his body. Sudheesh also fought back, giving Gourav a black eye. Sudheesh complained to the police about this matter, and the police promptly filed an FIR and have now come to arrest Gourav. Along with them, they have brought the following two documents - a warrant and a memorandum of arrest. Read through the two and point out the mistakes, if you find any.
ARREST MEMO MEMO
(Separate Memo for each accused)
1. Dist.: Bengaluru Urban Urban P.S.: Thalaghattapura Police Station Station Year: 2024 2024 Date: 10/11/2024
Alphanumeric code of the Accused: C9
(Write A1 to A9 for the first 9 persons, B1 for 10th persona and so on)
2. Name of the Court (if surrendered): Magistrate Courts, Bengaluru Urban
3. Acts and Sections: Sec. 129, 130 of Bharatiya Nyaya Sanhita
4. Arrested and sent up / Arrested and released on bail / Surrendered in court and bailed out / Surrendered in court and sent to judicial custody / Surrendered in court and remanded to Police custody (tick ‘ ’ applicable portion).
5. Particulars of the Accused:
(i) Name: Gourav M
(ii) Father’s / Husband’s Name: Vinay M
(iii) First Alias: ______________________________________________
(iv) Second Aliases: _________________________________________
(v) Other Aliases: ___________________________________________
(vi) Nationality: Indian
(vii)
a) Passport No.: Aadhar no: 12345678
b) Date of Issue: 12-12-2015 2015
c) Place of Issue: Bengaluru Bengaluru
(viii) Religion: Hindu
(ix) Caste / Tribe.: XYZ XYZ
(x) SC/ST: SC SC
(xi) Occupation: Construction worker worker
(xii) Permanent Address: 3rd Cross, Vikas Rd, Thalaghattapura, Bengaluru - 560062
(xiii) Present Address: 3rd Cross, Vikas Rd, Thalaghattapura, Bengaluru - 560062
6. The accused, after being informed of the grounds of arrest and his legal rights, was duly taken into custody. The following article(s) was / were found on physical search, conducted on the person of the accused, and were taken into possession for which a receipt was given to the accused.
| **1. Phone | 2. Watch |
| 4. |
Necessary wearing apparels were left on the accused for the sake of human dignity and body protection.
The accused was cautioned to keep himself / herself covered for purpose of identification.
** If no article found, ‘Nil’ may be indicated in the blank space provided below:
7. Physical features, deformities and other details of the accused:
|
Sex |
Date/Year of Birth |
Build |
Height in Cms. |
Complexion |
Identification Marks |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Male |
25-5-1993 |
Lean |
170 cm |
Fair |
Mole on right cheek |
(For Modus Operandi offences only)
|
Deformities /peculiarities |
Tech |
Hair |
Eye |
Habit(s) |
Dress Habits |
|
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
Short, black |
Black |
|
|
|
Languages/ Dialect |
PLACE OF |
||||
|
Burn Mark |
Leucoderma |
Mole |
Scar |
Tattoo |
|
|
13 |
14 |
15 |
16 |
17 |
18 |
|
Kannada |
|
|
On the right cheek |
|
Left arm |
Other features(19) ____
8. Whether finger-print taken or not? Yes
9. Socio-economic profile of the accused showing:
a. Living status: Living alone or with Family / Relation / Associate in Pucca House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homless.
b. Educational qualification(s): 9th grade
c. Occupation: Construction worker
d. Income Group:
|
i. Lower Income (Below Rs. 500/P.M.) ii. Lower middle Income (From Rs. 501 to Rs. 1000) iii. Middle Income (From Rs. 1001 to Rs. 2000) iv.Upper Middle Income (From Rs. 2001 to 3000) v. Upper Income (above Rs. 3000) |
10. Whether the accused person, as per the observations and known Police records:
|
a. |
Yes/ |
| b. Previously escaped any |
Yes/No |
| c. Is generally |
Yes/No |
| d. Operates with |
Yes/No |
| e. Has past criminal records | Yes/No |
|
f. Is |
Yes/No |
|
g. Is likely to escape |
Yes/No |
|
h. If released on bail, is likely to commit another crime Immediately or threaten the victims / witnesses. |
Yes/No |
|
i. Is wanted in any other |
Yes/No |
|
Name: Arun K. Rank: S.I, Thalaghattapura Police Number,if any:______________. Date: 10-11-2024 |
||
|
Place: Thalaghattapura, Bengaluru |
WARRANT
|
FORM No. ADDL. CHIEF JUDICIAL MAGISTRATE COURT IN THE COURT OF Shri. N Anand MAGISTRATE COURTS, BENGALURU URBAN |
|
WARRANT OF ARREST (See section 72) |
|
State of Karnataka Vs. Gourav Case No: 2413450 Next Date - 19-11-2024 |
To,
Whomsoever concerned,
WHEREAS said person stands charged with the offence punishable U/Sec.129, 130 of The Bharatiya Nyaya Sanhita, you are hereby directed to arrest the said, and to produce him before me.
Herein fail not.
Dated, this day of 08-11-2024
|
Addl. Chief Judicial Magistrate, Bengaluru Urban |
If the said person shall give bail bond in the sum of ₹5000/- with or without sureties in the like amount to the satisfaction of arresting authority with undertaking to appear before the Court on and continue attending until otherwise directed by the Court, he may be released.
Dated, this day of 08-11-2024
|
Addl. Chief Judicial Magistrate Bengaluru Urban |
Addl. Chief Judicial Magistrate
Bengaluru Urban