Constitution of India – Art.22 – When not violated – Appellant filed writ petition before High Court seeking a writ of habeas corpus on the ground that his son was illegally arrested by CID as appropriate grounds for arrest were not furnished at the time of arrest and thus, the arrest was violative of Art.22 – Writ petition dismissed – Sustainability:
Held: If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest – If he is arrested without a warrant, he must be told why he has been arrested – If he is arrested for committing an offence, he must be told that he has committed a certain offence for which he would be placed on trial – In order to inform him that he has committed a certain offence, he must be told of the acts done by him which amounts to the offence – He must be informed of the precise acts done by him for which he would be tried; informing him merely of the law applicable to such acts would not be enough – The information of the grounds of arrest must be provided to the arrested person in a manner that sufficient knowledge of the basic facts constituting the grounds is imparted and communicated to the arrested person effectively in the language which he understands – The mode and method of communication must be such that the object of the constitutional safeguard is achieved – Appellant’s son was arrested for specific offences as mentioned in the grounds of arrest – The grounds of arrest show that the requirement in terms of para 21(b) as laid down in Vihaan Kumar’s case is fulfilled – No merit in this appeal – Bharatiya Nagarik Suraksha Sanhita, 2023 – ss.47, 48, 35 – Code of Criminal Procedure, 1973 – s.41(1). [Paras 25, 36] Constitution of India – Art. 22 – Judgment of Supreme Court in Vihaan Kumar v. State of Haryana and another – Constitutional protections against arbitrary arrest and detention – Rights of individuals upon arrest – Principles of law explained in Vihaan Kumar, enumerated. [Paras 15, 18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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