Cops must inform grounds for arrest: Chandigarh SSP
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Chandigarh: SSP Kanwardeep Kaur has directed all police officers to ensure that individuals placed under arrest are clearly informed of the grounds for their arrest.
The directive, issued on Monday, instructs all officers to strictly comply with this requirement in accordance with sections 47 and 48 of the BNS.
The SSP stressed that any failure to follow these instructions will be viewed seriously.
In her issued guidelines to the police officers, the SSP mentioned a judgement of the Supreme Court passed on Feb 7, 2025, in the Criminal Appeal from SLP of 2024, 'Vihaan Kumar Versus State of Haryana & Another',' wherein the arrest was invalidated as the appellant wasn't informed of the arrest grounds, which is a violation of Article 22(1) of the Constitution.
In the judgement, the apex court said, "Hence, we have no hesitation in reiterating that the requirement to communicate the grounds of arrest or the ground of detention in writing to a person arrested in connection with an offence or a person placed under preventive detention as provided under Articles 22(1) and 22(5) of the Constitution of India is sacrosanct and cannot be constitutional requirement and statutory compliance of this to the custody or the detention being rendered illegal, as the case may be rendered illegal.
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Also, Justice Nongmeikapam Kotiswar Singh supplemented Justice Abhay S Oka's opinion, stating that grounds of arrest must be communicated in writing not only to the arrested person but also to friends, relatives, or nominees of the arrested person, ensuring Article 22(1)'s effectiveness.
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