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The Supreme Court cancelled bail for an espionage accused, holding substantial compliance with Article 22(1) and BNSS Section 47 suffices absent demonstrable prejudice, and hyper-technical objections to arrest-ground communication cannot override core bail jurisprudence.
Orissa High Court rules that failure to provide written grounds of arrest under BNSS Section 47 violates Article 22(1) of the Constitution, rendering detention illegal. The court mandates communication of grounds within two hours of arrest, setting a binding procedural standard for all arrests post-06.11.2025.
Tripura High Court ruled that non-communication of arrest grounds under Article 22(1) of the Constitution and Section 47 of BNSS vitiates detention, entitling the accused to bail regardless of offence severity. The judgment reinforces procedural safeguards, holding that even in NDPS cases, constitutional rights override statutory bail restrictions.
Kerala High Court holds that failure to communicate arrest grounds to accused and relative vitiated arrest, entitling accused to bail under Article 22 and BNSS Section 47.
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.