Context:
The Supreme Court of India recently ruled that police officers and investigating agencies must provide written grounds of arrest to every arrested person as soon as possible, irrespective of the nature of the offence or the statute invoked.
Background:
The ruling was delivered by a Bench comprising Chief Justice of India B.R. Gavai and Justice A.G. Masih, which emphasized that the right to be informed of the grounds of arrest is an indispensable facet of Article 22(1) of the Indian Constitution.
· Article 22(1) states that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest.”
Key Highlights of the Judgment:
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- Written Grounds Mandatory: Police must furnish written reasons for arrest to the accused at the time of arrest or as soon as practicable thereafter, regardless of the offence or law involved — including under the Bharatiya Nyaya Sanhita (BNS) and other special statutes.
- Exceptional Circumstances: In rare or urgent situations where providing written grounds immediately is not feasible, police may communicate the grounds orally to the accused.
- Timeline for Written Grounds: Even in such exceptional cases, written grounds must be supplied within a reasonable period, and no later than two hours before the accused is produced before the magistrate for remand proceedings.
- Written Grounds Mandatory: Police must furnish written reasons for arrest to the accused at the time of arrest or as soon as practicable thereafter, regardless of the offence or law involved — including under the Bharatiya Nyaya Sanhita (BNS) and other special statutes.
Significance of the Judgment:
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- Strengthens Due Process: Reinforces the constitutional promise of fair procedure and protection against arbitrary detention.
- Enhances Accountability: Written documentation of arrest grounds creates a record that can be scrutinized by courts and oversight bodies.
- Protects Fundamental Rights: Upholds Article 21 (Right to Life and Personal Liberty) and Article 22(1) as cornerstones of criminal justice.
- Aligns with Global Norms: Echoes international human rights standards, such as Article 9(2) of the International Covenant on Civil and Political Rights (ICCPR), which mandates that any arrested person must be informed promptly of the reasons for arrest.
- Strengthens Due Process: Reinforces the constitutional promise of fair procedure and protection against arbitrary detention.
Conclusion:
The Supreme Court’s ruling is a progressive step toward reinforcing the rule of law and protecting individual liberty. By mandating written grounds for arrest, the Court has strengthened the procedural safeguards that prevent misuse of police powers and ensure transparency in the criminal justice system.
