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The SC held that Article 22(1) breach needs written grounds & judicial sanction for re-arrest, while Article 22(2) breach draws State compensation. Victims need not sue officials; State liable and police must follow safeguards before re-detention.
MP High Court holds that failure to provide written grounds of arrest under Section 483 BNSS invalidates custody, reinforcing Supreme Court precedent. The ruling mandates strict compliance with arrest procedures, impacting bail eligibility in criminal cases.
The Allahabad High Court has ruled that police cannot arrest individuals under the SC/ST Act without first issuing a notice under Section 35 of the Bharatiya Nyaya Sanhita, aligning with the Arnesh Kumar safeguards against arbitrary detention. This sets a critical precedent for protecting accused persons from immediate custodial action in sensitive caste-based cases, reinforcing due process even where non-bailable offences are alleged.
Telangana High Court reinforces that arrests under BNSS Section 35(3) require a reasoned order, even in property disputes. Mere allegations of false implication do not override statutory safeguards against arbitrary detention, protecting bona fide purchasers from unjust arrest.
Telangana High Court quashed an FIR under Sections 406 and 420 IPC, ruling that criminal law cannot be weaponized to enforce civil contracts absent dishonest intent at the time of agreement. The Court held that a mere breach of contract does not constitute criminal breach of trust or cheating unless fraudulent intent is established upfront, reinforcing BNSS Section 35(3) compliance.
Kerala High Court upholds arrest despite procedural lapses, clarifying that specific, written grounds of arrest in a comprehensible language are mandatory under Articles 21 and 22.
Uttarakhand High Court reinforces Supreme Court's Arnesh Kumar guidelines, mandating strict adherence to Section 41-A CrPC for offences punishable with less than 7 years imprisonment.