TaxTMI 
TaxTMI 
Illegality of Arrest and Remand for Non-Supply of Written Grounds: The Two-Hour Pre-Remand Standard under the BNSS Framework
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.... treated the issue as one of general legal position under Article 22(1) of the Constitution of India and the corresponding procedural mandate in Section 50 of the Code of Criminal Procedure, 1973 (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court held that communication of grounds of arrest is a mandatory constitutional safeguard applicable across offences and statutes. As a general rule, grounds of arrest must be communicated in writing, in a language understood by the arrestee. However, in exceptional situations where furnishing written grounds at the moment of arrest is impractical, oral communication at the time of arrest may suffice temporarily, subject to written grounds being supplied within a reasonable tim....
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....rnishing of written grounds. The appellant approached the Court to settle the legal position on the requirement of furnishing grounds of arrest in writing. In connected matters raising similar questions, interim bail had been granted during pendency. An amicus curiae was appointed to assist the Court. Issue Involved The Court framed the controversy around Article 22(1) of the Constitution of India and the statutory reflection of that safeguard in Section 50 of the Code of Criminal Procedure, 1973 (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023): * Whether, in each and every case (including ordinary penal offences under the Indian Penal Code, 1860, now the Bharatiya Nyaya Sanhita, 2023), it is necessary to furnish ground....
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....t the time of arrest or soon after arrest is impractical (illustrated by arrests in situations akin to flagrante delicto offences against body or property), it is sufficient to orally convey the grounds at the time of arrest. However, a written copy must then be supplied within a reasonable time and, in any event, not later than two hours prior to production before the Magistrate for remand proceedings. The remand papers must contain the grounds of arrest, and any delay in supplying written grounds must be explained by a note to the Magistrate. (4) Consequence of non-compliance. Failure to adhere to the above schedule renders the arrest and subsequent remand illegal, entitling the arrestee to be set at liberty. Thereafter, if custody/reman....
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....ng a duty to verify compliance under Section 48(4) BNSS. The Court also referred to Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (right to meet an advocate during interrogation, though not throughout) and to remand-related provisions: Section 167 of the Code of Criminal Procedure, 1973 (now Section 187 BNSS) read with Section 57 CrPC (now Section 58 BNSS), underscoring that remand is a judicial function requiring application of mind, not a mechanical act. Meaningful communication and the writing requirement. The Court reasoned that mere oral reading of grounds may be ineffective, particularly when the arrestee is not in a position to retain and recall details, and it can generate factual disputes about whether communication o....
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....pliance leads to illegality of arrest and remand and entitlement to release. At the same time, the Court indicated a procedural route for the investigating agency to seek remand afresh after compliance, with reasons for earlier non-supply placed before the Magistrate, who must decide expeditiously and preferably within a week. Practical Relevance For police and investigating agencies. For arrests without warrant, Section 47 BNSS 2023 (Section 50 CrPC 1973) must be operationalised through written grounds as a general rule, in the language understood by the arrestee. In document-heavy or pre-planned arrests where grounds are already available (including situations where the accused has joined investigation after notice under Section 41A CrP....