NEW DELHI: The Supreme Court has ruled that investigating agencies must inform an accused of the grounds of arrest at the time of taking them into custody, and failure to do so would render the arrest illegal. It emphasized that this is not a mere formality but a mandatory constitutional requirement.
A bench comprising Justices Abhay S. Oka and N.K. Singh quashed an arrest made by Gurgaon Police, citing that the accused was not informed of the reasons for his detention. While the court refrained from prescribing a specific mode of communication, it suggested that providing the grounds in writing would be preferable, as the burden of proof rests on the police.
Right to Liberty Must Be Protected, Says SC
In a separate but concurring judgment, Justice Singh stressed that the requirement to inform the accused about the grounds of arrest also extends to their relatives, friends, or a nominated person. The court clarified that this right flows from Article 22(1) of the Constitution, and any violation of it invalidates the arrest and remand process.
The bench further ruled that a police officer cannot casually arrest someone in a cognizable offense unless credible information justifies the action.
Fundamental Right Under Article 22(1) & Article 21
The judgment underscored that Article 22 is part of the Fundamental Rights enshrined in the Constitution, and every arrested individual has the right to be informed of the grounds for their arrest at the earliest possible time. The court stated:
“If the grounds of arrest are not communicated promptly, it constitutes a violation of the accused’s fundamental rights under Article 22(1) and also leads to an unjust deprivation of liberty under Article 21.”
The court also emphasized that the grounds must be explained in a language the accused understands, and it is the court’s duty to verify compliance with Article 22(1) and other mandatory safeguards when remanding an accused.
Bail Can Be Granted if Fundamental Rights Are Violated
The Supreme Court ruled that when a violation of Article 22(1) is proven, courts must immediately order the release of the accused. It added:
“This violation serves as grounds for granting bail, even if statutory restrictions exist. The restrictions on bail do not override the constitutional protection provided under Articles 21 and 22.”
With this ruling, the SC reaffirmed the necessity of protecting fundamental rights in arrest procedures and set a precedent for strict compliance with constitutional safeguards.
