In a landmark ruling, the Supreme Court has clarified that merely informing an arrestee’s relatives about the arrest does not fulfill the police’s constitutional obligation under Article 22(1) of the Indian Constitution. The Court held that it is mandatory for law enforcement agencies to directly inform the arrested person about the reasons for their detention.
Supreme Court's Ruling:
"Informing a relative about the arrest does not amount to compliance with Article 22(1)." – Supreme Court
A bench comprising Justices Abhay S. Oka and N. Kotiswar Singh emphasized that simply mentioning the arrest details in documents like the arrest memo, remand report, or case diary is not enough. These documents record the fact of the arrest but do not convey the reasons behind it.
"Mentioning the grounds of arrest in the remand report does not satisfy the constitutional requirement of informing the arrestee." – Supreme Court
Case Background:
This ruling came in the case of Vihaan Kumar vs. State of Haryana, where the petitioner was arrested without being informed of the grounds of arrest. The Punjab and Haryana High Court had upheld the arrest, prompting the appellant to approach the Supreme Court.
The Supreme Court, overturning the High Court's decision, ruled that failure to communicate the grounds of arrest violates Article 22(1) of the Constitution, rendering the arrest illegal.
Police Obligations During an Arrest:
The Supreme Court outlined the responsibilities of law enforcement agencies when making an arrest:
The arrested person must be informed of the charges immediately.
The information must be conveyed in a language the person understands.
If the arrest is illegal due to non-compliance with Article 22(1), courts must grant bail despite statutory restrictions.
Police must ensure that human rights are not violated during the arrest process.
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According to Section 50 of the Code of Criminal Procedure (CrPC), the police must inform the arrested person about the grounds of arrest without delay. The Supreme Court reaffirmed that this is a fundamental right and cannot be ignored under any circumstances.
"Failure to inform the arrested person of the grounds of arrest violates fundamental rights and renders the arrest illegal." – Supreme Court
The arrested individual must be presented before a magistrate within 24 hours.
The person has the right to consult a lawyer of their choice.
The Supreme Court directed the Haryana government to issue new guidelines ensuring police compliance with Article 22(1).
