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Informing accused the grounds of arrest is mandatory constitutional requirement: Supreme Court (SC) | Current Affairs | Vision IAS
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Informing accused the grounds of arrest is mandatory constitutional requirement: Supreme Court (SC)

Posted 10 Feb 2025

2 min read

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.

Related Judgements of Supreme Court

  • Pankaj Bansal Vs Union of India and others (2023): Grounds of arrest must be supplied to accused in writing will also apply in cases registered under UAPA 1967.
  • Prabir Purkayastha v. State (NCT of Delhi) case (2024): Communication of grounds of arrest or detention is sacrosanct and cannot be breached under any situation.
  • Tags :
  • Article 22 (1)
  • Vihaan Kumar vs. State of Haryana case
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