Arrest without warrant requires constitutional safeguards, prompt grounds of arrest, and compliance with notice requirements.

Arrest without warrant is not automatic merely because a cognizable offence is alleged. The text explains that Articles 21 and 22 require personal liberty to be protected by prompt communication of arrest grounds, while Section 35 and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reinforce that arrest must be justified, reasoned, and preceded by notice where arrest is not necessary. It also notes that custody before FIR registration, delayed disclosure of grounds, and non-compliance with the notice requirement point to unlawful detention, and that a Warrant Officer has only a ministerial role and cannot determine legality of detention.

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Issues: Whether the arrest and detention of the detenu were illegal for want of compliance with constitutional safeguards and the statutory requirements governing arrest without warrant, communication of grounds of arrest, and issuance of notice before arrest.

Analysis: The arrest of a person is not automatic merely because a cognizable offence is alleged. The governing constitutional scheme under Articles 21 and 22 protects personal liberty and requires that an arrested person be informed, as soon as may be, of the grounds of arrest. The statutory framework under Section 35 and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with the earlier Code provisions, reinforces that arrest without warrant must be justified, reasoned, and preceded by compliance with the notice requirement where arrest is not necessary. On the facts, the detenu was picked up and subjected to custodial interrogation before the FIR was registered, and the grounds of arrest were conveyed only later, after the arrival of the Warrant Officer. The record also did not show compliance with the notice requirement before arrest. The Court further held that the Warrant Officer performs only a ministerial function and cannot decide the legality of detention.

Conclusion: The arrest and detention were held illegal and the detenu was directed to be released immediately if not required in any other case.

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