SC held that failure to inform arrestee of grounds for arrest in ...

Police Must Inform Arrestees of Grounds in Clear Language or Face Constitutional Violation Under Articles 22(1) and 21

February 28, 2025

Case Laws Indian Laws SC

SC held that failure to inform arrestee of grounds for arrest in comprehensible language violates fundamental rights under Articles 22(1) and 21 of Constitution. Non-compliance with Article 22(1) requirement to communicate arrest grounds "as soon as may be" renders arrest illegal and vitiates subsequent remand orders. Police bears burden of proving compliance through contemporaneous records when challenged. Magistrates must verify Article 22(1) compliance before ordering remand. Where violation is established, courts must order immediate release. Constitutional violation overrides statutory bail restrictions. Arrest under IPC sections 409, 420, 467, 468, 471 and 120-B was invalidated as appellant was not properly informed of grounds. Appeal allowed, directing release.

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SC held that failure to inform arrestee of grounds for arrest in ...

Police Must Inform Arrestees of Grounds in Clear Language or Face Constitutional Violation Under Articles 22(1) and 21

February 28, 2025

Case Laws Indian Laws SC

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