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.