Supreme Court: Grounds of Arrest Must Be Informed for All Offences
The Supreme Court, in a significant ruling protecting personal liberty, declared that law enforcement must communicate the grounds of arrest to individuals accused under any statute, including the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), not just under special laws such as the Prevention of Money Laundering Act (PMLA) or the Unlawful Activities (Prevention) Act (UAPA).
Constitutional Obligation and Scope
The bench, comprising Chief Justice of India B. R. Gavai and Justice A. G. Masih, emphasized that the constitutional requirement of informing the detainee of the reasons for arrest applies to all offences. The Court clarified that this duty extends equally across all statutes, old and new, including IPC 1860 and BNS 2023.
“The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes including offences under IPC 1860 (now BNS 2023).”
Protection of Fundamental Rights
Invoking Article 22(1) of the Constitution, which safeguards individuals from arbitrary detention, the Court underscored that this requirement is not a procedural formality but a binding constitutional safeguard forming part of India’s Fundamental Rights framework.
“The requirement of informing the arrested person the grounds of arrest... is not a mere formality but a mandatory binding constitutional safeguard which has been included in Part III of the Constitution under the head of Fundamental Rights.”
Timeline for Communication
To uphold fairness, the bench ruled that the written grounds of arrest must be provided to the detainee in a language they understand. This must be done within a reasonable period and, in any case, no later than two hours before the person is presented for remand proceedings before a magistrate.
“The grounds of arrest must be communicated in writing to the arrestee in the language he or she understands… within a reasonable time and in any case at least two hours prior to production of the arrestee for remand proceedings before the magistrate.”
Author’s Summary
This judgment reinforces that transparency and written communication of arrest reasons are fundamental rights guaranteed to every individual, ensuring due process under the Constitution.