What did the Supreme Court decide about Section 170 CrPC?

The Court held that arrest is not mandatory at the time of filing a chargesheet. If the accused cooperates and is unlikely to abscond, production in custody is not required.

Does Section 170 require judicial or police custody?

No. The word “custody” in Section 170 CrPC only means presenting the accused before the court, not necessarily keeping the person in judicial or police custody.

Can a court refuse a chargesheet because the accused is not arrested?

No. Courts should not reject a chargesheet merely because the accused was not produced in custody, if the investigation is complete and the accused is cooperating.

How does this case affect anticipatory bail?

If arrest is not needed for investigation or trial, anticipatory bail becomes more likely, especially where the accused has already joined the investigation.

Which earlier decisions were relied on?

The Court referred to High Court of Delhi v. State (2018) and Deendayal Kishanchand v. State of Gujarat (1982) to support that arrest is not compulsory at chargesheet.

Siddharth v. State of Uttar Pradesh (2021)

Supreme Court of India 2021 Kaul & Roy, JJ. Section 170 CrPC Criminal Procedure ~4 min read

Author: Gulzar Hashmi

India

Published: 31-Jan-2025

Slug: siddharth-v-state-of-uttar-pradesh-2021

Quick Summary

This case settles a practical doubt under Section 170 CrPC. The Supreme Court said: when the police file a chargesheet, they do not have to arrest every accused. If the person has joined the investigation, is cooperating, and is unlikely to run away or ignore court summons, then producing the accused “in custody” is not required.

CASE_TITLE: Siddharth v. State of Uttar Pradesh (2021) PRIMARY_KEYWORDS: Section 170 CrPC, arrest not mandatory, chargesheet SECONDARY_KEYWORDS: anticipatory bail, custody, Supreme Court of India PUBLISH_DATE: 31-Jan-2025 AUTHOR_NAME: Gulzar Hashmi LOCATION: India

Issues

Should the appellant’s anticipatory bail be allowed?
Does Section 170 CrPC require the police to arrest an accused before filing the chargesheet?

Rules

Provision / Case	Rule (Easy English)
Section 170 CrPC	After investigation, police send the case to court. The word “custody” here means presenting the accused before the court; it does not automatically mean arrest or jail.
High Court of Delhi v. State (2018)	Arrest is not essential in every cognizable, non-bailable case when the chargesheet is filed.
Deendayal Kishanchand v. State of Gujarat (1982)	Courts should not refuse a chargesheet only because the accused is not produced in custody.

Principle Power to arrest exists, but arrest must be justified. Power ≠ Compulsion.

Facts (Timeline)

Business Appellant supplied stone. He says royalty was paid and he was not part of tendering.

Cooperation He joined the investigation. Police had the chargesheet ready.

Arrest Memo An arrest memo was issued against him.

Relief Sought He approached the Court for anticipatory bail.

Arguments

Appellant

I cooperated; no need for arrest to file chargesheet.
No risk of absconding or disobeying court directions.
Section 170 uses “custody” to mean appearance, not detention.

Respondent (State)

Investigation serious; arrest memo issued.
Production of accused ensures presence at trial.

Judgment

The Supreme Court allowed relief. It clarified that police are not obliged to arrest every accused while filing a chargesheet. If the Investigating Officer believes the person will appear and follow the law, the accused need not be produced in custody. The Court underlined the difference between the power to arrest and the need to arrest.

Ratio Decidendi

“Custody” in Section 170 CrPC means presentation before the court, not compulsory police/judicial detention.

Arrest is a tool, not a default step at chargesheet.
Courts should accept chargesheets without insisting on arrest when cooperation exists.

Why It Matters

Protects personal liberty; avoids needless arrests.
Saves police and court time by focusing on necessity, not formality.
Guides trial courts on accepting chargesheets without custody.

Key Takeaways

Arrest ≠ Mandatory at chargesheet under Section 170 CrPC.
Cooperation matters: join investigation, respond to summons.
Court acceptance: chargesheet valid without custody production.

Mnemonic + 3-Step Hook

Mnemonic: “Charge Without Chains” — You can charge the case without putting the accused in chains (arrest) if cooperation exists.

Check Need: Is arrest required for investigation or trial?
Check Risk: Any chance of absconding or disobedience?
Proceed: File chargesheet and present the accused without custody if risks are low.

IRAC Outline

Issue

Is arrest required under Section 170 CrPC when filing the chargesheet, and should anticipatory bail be granted?

Rule

“Custody” under Section 170 means presentation, not detention. Arrest is justified only when necessary.

Application

Appellant had cooperated; no evidence of flight risk or non-compliance. Hence, arrest not needed.

Conclusion

Relief granted; chargesheet can be filed without arrest in such circumstances.

Glossary

Chargesheet: Final police report sent to the court after investigation.
Anticipatory Bail: Pre-arrest bail to prevent unnecessary detention.
Custody (S.170): Presence before court; not necessarily police/judicial lock-up.