Pre-arrest communication of recorded reasons to believe is required where an authorised officer effects an arrest under section 26 of the Act. As section 26 is in pari materia with comparable arrest provisions, the reasons must be supplied to the arrestee before arrest, enabling anticipatory-bail remedies and judicial review; production before the Magistrate at remand is insufficient. Constitutional-court rulings generally declare existing law and apply retrospectively unless expressly confined to prospective operation. Arrest without communication of the reasons breaches the safeguards under Articles 21 and 22 and is liable to be quashed, with release subject to any other lawful custody.
Pre-arrest communication of recorded reasons to believe is required where an authorised officer effects an arrest under section 26 of the Act. As section 26 is in pari materia with comparable arrest provisions, the reasons must be supplied to the arrestee before arrest, enabling anticipatory-bail remedies and judicial review; production before the Magistrate at remand is insufficient. Constitutional-court rulings generally declare existing law and apply retrospectively unless expressly confined to prospective operation. Arrest without communication of the reasons breaches the safeguards under Articles 21 and 22 and is liable to be quashed, with release subject to any other lawful custody.
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