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The Supreme Court in Jaskaran Jeet Singh Deol vs State of Punjab held that failing to furnish written grounds of arrest violates Article 21 of the Constitution.

Supreme Court on Disclosure of Grounds of Arrest 

The Supreme Court established that communicating grounds of arrest in writing, in a language understood by the arrestee, is an absolute constitutional requirement under Article 22(1).  

The constitutional safeguard applies universally across all statutes, including ordinary criminal law under the Bharatiya Nyaya Sanhita, 2023 (BNS) and special enactments such as the Unlawful Activities (Prevention) Act, 1967 (UAPA), Prevention of Money Laundering Act, 2002 (PMLA), Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), and Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 

Non-compliance with this constitutional mandate invalidates both the arrest and subsequent judicial remand, granting the arrestee immediate release from unconstitutional detention.

Key Directions Issued by the Supreme Court

  • Written Grounds of Arrest: The grounds of arrest must be communicated in writing in every case without exception. 

  • Understandable Language: Written grounds must be supplied in a language that the arrestee fully comprehends. 

  • Oral Communication in Exceptional Circumstances: In exceptional cases (flagrante delicto), oral communication is permitted at arrest, but written grounds must be provided at least 2 hours prior to magistrate remand proceedings. 

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  • Magistrate's Role in Re-Arrest: The Judicial Magistrate must exercise independent judicial scrutiny to verify whether bona fide reasons prevented earlier disclosure before granting fresh custody. 

  • Judicial Imprimatur for Re-Arrest: Executive authority to re-arrest is strictly subordinated to judicial authorization to prevent abuse. 

Constitutional Rights Under Articles 21 and 22

  • Article 21 & Personal Liberty: Guarantees that no person shall be deprived of personal liberty except according to procedure established by law, which must be fair, just, and reasonable. 

  • Article 22(1) & Grounds of Arrest: Mandates that every arrested person must be informed of the grounds of arrest as soon as possible in writing. 

  • Right to Consult a Legal Practitioner: Guarantees the fundamental right of an arrestee to consult and be defended by a legal practitioner of choice under Article 22(1). 

  • Article 22(2) & 24-Hour Production: Requires that every arrested person be produced before the nearest Judicial Magistrate within 24 hours (excluding travel time), failing which continued detention becomes unlawful.

Significance of Judgement

Protection Against Arbitrary Arrest: Restrains unguided police discretion by enforcing mandatory written documentation at the threshold of arrest.

Strengthening Due Process: Integrates constitutional due process standards under Article 21 directly into everyday criminal procedure. 

Judicial Accountability: Enforces institutional accountability through mandatory departmental inquiries, transfer of investigation, and adverse service book entries against defaulting officers.

Protection of Personal Liberty: Establishes that state anti-social concerns or offence gravity can never justify invading personal liberty outside constitutional procedures.  

Source: THEHINDU

PRACTICE QUESTION

Q. Consider the following statements regarding the constitutional and statutory provisions governing arrest in India:

  1. Article 22(1) guarantees the fundamental right of an arrested person to be informed of the grounds of arrest in writing in an understandable language.

  2. Under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), communicating written grounds of arrest is mandatory across all penal statutes including special laws like UAPA and PMLA.

  3. If an arrest is declared illegal due to non-furnishing of written grounds, the same police officer can automatically re-arrest the accused without judicial sanction.

Which of the statements given above is/are correct?

(A) 1 and 2 only

(B) 2 and 3 only

(C) 1 and 3 only

(D) 1, 2 and 3

Answer: (A)

Explanation: 

Statement 1 is correct: The Supreme Court of India clarified that under Article 22(1) of the Constitution, an accused person possesses a fundamental right to be informed of the grounds of arrest in writing and in a language they can understand. 

Statement 2 is correct: Under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (which replaced Section 50 of the old CrPC), it is a mandatory statutory obligation to communicate full particulars of the offense or grounds of arrest.  

Statement 3 is incorrect: If an arrest is declared illegal due to non-furnishing of written grounds, the same police officer cannot automatically re-arrest the accused. The Supreme Court held that the investigating agency must formally approach the concerned Magistrate to seek judicial permission for any subsequent re-arrest.