Grounds of arrest must be effectively communicated in writing; otherwise the arrest and remand process may be invalid.

Non-communication in writing of the grounds of arrest, together with a mechanical remand process and inadequate legal aid safeguards, was treated as non-compliance with mandatory constitutional and procedural protections. The court noted that Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure require effective communication of the basic facts constituting the grounds of arrest to the arrested person, and that the Magistrate must apply judicial mind before authorising remand while ensuring access to counsel and legal aid where necessary. On the record, the petitioner was not shown to have been properly informed in writing, and the remand order was therefore unsustainable.

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Issues: Whether non-communication in writing of the grounds of arrest to the accused, coupled with a mechanical remand process and of effective legal aid safeguards, vitiated the arrest and the consequential remand order.

Analysis: The arrest memo was only a printed format and did not disclose the grounds or reasons for arrest. The mandatory safeguard under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973 requires effective communication of the basic facts constituting the grounds of arrest to the arrested person. The Court also noted that the Magistrate must apply judicial mind when authorising remand and ensure compliance with constitutional safeguards, including the right to consult counsel and receive legal aid where necessary. On the record, there was no satisfactory indication that the petitioner was informed of the grounds of arrest in writing or that the remand process reflected due judicial scrutiny.

Conclusion: The non-compliance with the mandatory requirement of communicating the grounds of arrest vitiated the arrest and rendered the consequential remand order unsustainable. The challenge succeeded in favour of the petitioner.

Ratio Decidendi: Failure to communicate the grounds of arrest in the manner required by Article 22(1) and Section 50 of the Code of Criminal Procedure, 1973 invalidates the arrest and also vitiates the consequential remand order.

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