Summary
The Supreme Court held that the duty under Article 22(1) to inform an arrested person of the grounds of arrest applies to every offence under every statute, including the IPC/BNS, and that the grounds must be given in writing in a language the arrestee understands. Where written grounds cannot be supplied at or soon after arrest, they may first be given orally, but must be supplied in writing within a reasonable time and at least two hours before the arrestee is produced for remand. Otherwise the arrest and remand are illegal and the arrestee is entitled to release.
Issues
- Whether, for every offence including those under the IPC (now BNS), the grounds of arrest must be furnished to the accused before or immediately after arrest.
- Whether, where exigencies make it impossible to furnish grounds before or immediately after arrest, the arrest is vitiated for non-compliance with Section 50 CrPC (now Section 47 BNSS).
- In what mode and language the grounds of arrest must be communicated.
Provisions considered
- Article 22(1), Constitution of IndiaThe duty to inform an arrested person of the grounds 'as soon as may be' admits no exception and is not statute-specific, being rooted in Article 21. As the language matches Article 22(5), the Article 22(5) case law requiring grounds in writing in a language the person understands applies. Breach renders arrest and remand illegal. (¶¶ 18, 33, 34, 38, 39, 40, 42, 44, 45, 46, 49, 56)
- Article 21, Constitution of IndiaPersonal liberty includes procedural safeguards against abuse of State power; failure to inform the grounds of arrest curtails the right to life and personal liberty. (¶¶ 17, 39, 40)
- Section 47 BNSS (Section 50 CrPC), Bharatiya Nagarik Suraksha Sanhita, 2023 (Code of Criminal Procedure, 1973)Gives statutory effect to Article 22(1) by requiring the arresting officer to communicate forthwith full particulars of the offence or other grounds of arrest. The section prescribes no mode or time frame, which the Court supplied. (¶¶ 19, 33, 48, 49, 54, 57)
- Section 48 BNSS (Section 50A CrPC), Bharatiya Nagarik Suraksha Sanhita, 2023 (Code of Criminal Procedure, 1973)The arresting officer must inform a relative, friend or nominated person of the arrest and place of custody, record who was informed, and the Magistrate must verify compliance; this is in addition to informing the arrestee of the grounds. (¶¶ 20, 27, 47)
- Section 38, Bharatiya Nagarik Suraksha Sanhita, 2023The arrestee's right to meet an advocate of choice during interrogation reinforces early access to legal assistance, including at remand. (¶ 36)
- Section 187 BNSS (Section 167 CrPC), Bharatiya Nagarik Suraksha Sanhita, 2023 (Code of Criminal Procedure, 1973)Remand requires production of the accused and an opportunity to be heard, including through counsel. The Magistrate must apply judicial mind and not act as a post office, so the arrestee must know the grounds before production. (¶¶ 37, 38)
- Section 35(3) to (6) BNSS (Section 41A CrPC), Bharatiya Nagarik Suraksha Sanhita, 2023 (Code of Criminal Procedure, 1973)Where an accused who has joined investigation on notice is then arrested, there is no risk of absconding, so written grounds must be supplied on arrest. (¶ 51)
Held
- The constitutional mandate to inform an arrestee of the grounds of arrest is mandatory in all offences under all statutes, including offences under the IPC 1860 (now BNS 2023); Article 22(1) is not statute-specific and admits no exception. (¶¶ 39, 40, 56)
- The grounds of arrest must be communicated in writing, in a language the arrestee understands, so as to impart sufficient knowledge of the facts to enable the arrestee to consult counsel, oppose remand and seek bail. Merely reading out the grounds does not satisfy Article 22(1). (¶¶ 41, 42, 44, 45, 46, 56)
- Where the police already hold documentary material forming a cogent basis for arrest, such as where the accused has joined investigation on notice or in documentary or economic offences, written grounds must be furnished on arrest. (¶¶ 51, 52)
- In exceptional cases, such as offences against body or property committed in flagrante delicto, where written grounds on arrest are impractical, oral communication at the time of arrest suffices initially. A written copy must follow within a reasonable time and in no event later than two hours before production for remand. The remand papers must contain the grounds, with a note explaining any delay. The two-hour minimum gives counsel time to prepare to oppose remand. (¶¶ 49, 50, 52, 53, 54, 56)
- Failure to supply the grounds in writing within that schedule renders the arrest and subsequent remand illegal and entitles the arrestee to release. The prosecution may then apply for remand or custody with reasons after supplying written grounds and explaining the earlier non-supply, and the Magistrate should decide preferably within a week, observing natural justice. (¶¶ 55, 56)
- As Section 47 BNSS prescribes no mode or time frame and there was previously no consistent requirement of written grounds for all offences, this procedure governs arrests henceforth. (¶¶ 57, 58)
Result
Appeals disposed of. The lead appeal was decided only on the question of law, not on merits. In the two connected appeals the interim bail continues, with liberty to the prosecution to seek remand or custody after supplying written grounds. The tagged SLP, with interim relief continuing, is to be listed before an appropriate Bench. Copies to be sent to all High Court Registrars General and the Chief Secretaries of all States and Union Territories.