In Vihaan Kumar vs. State of Haryana case, SC ruled that it was unlawful for police to arrest an accused person without providing legal grounds during arrest.
- However, ruling clarified that while arrest might be vitiated, the investigation, chargesheet, and trial remain valid.
Key Highlights of Judgement
- Violation of Fundamental Rights: Failure to inform the grounds of arrest violates fundamental rights of accused under Articles 21 and 22(1).
- Article 21: No person can be deprived of his liberty except in accordance with procedure established by law.
- Article 22(1): A person arrested must be informed of the reasons immediately and has right to consult and be defended by a legal practitioner of his choice.
- Section 50A of CrPC (Section 47 of BNSS): Under this, court emphasized the importance of informing accused person’s friends, relatives, or nominated persons about grounds of arrest.
- Bail Implications: Non-compliance with Article 22(1) can be grounds for granting bail, overriding statutory restrictions.
- Clear Communication of Grounds in a language the arrestee understands.
- Burden of Proof: Investigating Officer/Agency must prove compliance with Article 22(1) if challenged.
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