Informing Accused Grounds Of Arrest Constitutional Requirement: Supreme Court
Last Updated:February 07, 2025, 23:31 IST In a significant ruling, the Supreme Court on Friday said the requirement of informing grounds of arrest to an accused was not a “formality but a mandatory constitutional requirement”. Supreme Court of India. File Image/PTI In a significant ruling, the Supreme Court on Friday said the requirement of informing grounds of arrest to an accused was not a “formality but a mandatory constitutional requirement”. A bench of Justices Abhay S Oka and Nongmeikapam Kotiswar Singh said non-compliance by the police would amount to violation of fundamental right under Article 22 of the Constitution. “The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of Fundamental Rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible,” it said. The bench therefore held the arrest of one Vihaan Kumar, represented …
