Informed the reasons of arrest to the arrestee
Informing an arrested person clearly and effectively of the grounds for his/her arrest is a fundamental right under Article 22(1) of the Constitution and the right to live with dignity is a part of the rights guaranteed under Article 21, says the Supreme Court (SC) in Vihaan Kumar v The State of Haryana & Another [2025 INSC 162].
Inform reason in clear language
The information on grounds of arrest must be provided to the arrested person in a manner the basic facts constituting the grounds is imparted and communicated to the arrested person effectively in the language he understands.
The SC adds that any violation Article 21 and 22 of the Constitution could warrant the person’s release or justify the granting of bail, even there exists statutory restrictions.
Magistrate must Grant Bail when there is violation
When an arrested person is produced before a judicial magistrate for remand, the magistrate must ascertain whether compliance with Article 22(1) of the Constitution and other mandatory safeguards has been made.
When violation of Article 22(1) is established, the court should order release of the accused. That will be a ground to grant bail, despite statutory restrictions.
References
- Vihaan Kumar v The State of Haryana & Another [2025 INSC 162]
