Topic
Article 22(1) of the Indian Constitution mandates that every person arrested must be informed, in writing, of the grounds for arrest and allowed to consult a legal practitioner.
Kerala High Court holds that failure to communicate written grounds of arrest vitiated arrest and remand, entitling accused to bail under Article 22(1) and BNSS Section 47.
Kerala High Court holds that failure to disclose quantity of contraband at arrest violates Article 22(1), rendering arrest illegal. Mandatory for NDPS cases.
Kerala High Court holds that failure to communicate written grounds of arrest, including quantity of contraband in NDPS cases, renders arrest illegal and mandates immediate release.
Kerala High Court holds that failure to communicate written grounds of arrest in understood language renders arrest illegal, even in POCSO cases, affirming mandatory constitutional rights under Article 22(1).
Delhi High Court holds that while written grounds of arrest are mandatory before remand, the ruling in Mihir Rajesh Shah applies prospectively and requires demonstrable prejudice to invalidate arrest.
Delhi High Court holds that failure to provide written grounds of arrest vitiates detention, entitling accused to bail regardless of gravity of offence. Key precedent: Prabir Purkayastha.
Tripura High Court holds that failure to communicate written grounds of arrest under Article 22(1) renders detention illegal, entitling accused to bail even in NDPS cases.
Kerala High Court holds that failure to inform arrestee's relatives of grounds of arrest renders arrest illegal under Article 22(1) and BNSS Section 47, entitling accused to bail.