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The SC held that the arresting authorities violated Article 22(1) and Section 50 CrPC (now s.47 BNSS) by failing to furnish written grounds of arrest to the appellants, rendering the arrest and consequent remand illegal and entitling the appellants to be set at liberty. The Court affirmed that informing grounds of arrest is a mandatory constitutional safeguard to enable defence and legal consultation; while oral communication is permissible in exigent circumstances (e.g., flagrante delicto), a written statement in a language understood by the arrestee must be provided within a reasonable time and, in any event, not later than two hours before production for remand. Appeal disposed.
The SC held that the arresting authorities violated Article 22(1) and Section 50 CrPC (now s.47 BNSS) by failing to furnish written grounds of arrest to the appellants, rendering the arrest and consequent remand illegal and entitling the appellants to be set at liberty. The Court affirmed that informing grounds of arrest is a mandatory constitutional safeguard to enable defence and legal consultation; while oral communication is permissible in exigent circumstances (e.g., flagrante delicto), a written statement in a language understood by the arrestee must be provided within a reasonable time and, in any event, not later than two hours before production for remand. Appeal disposed.
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