Arrest Illegal If Reasons Not Informed; When Article 22(1) Is Violated, Court Must Grant Bail Despite Statutory...
Arrest Illegal If Reasons Not Informed; Article 22(1) Violation & Bail Despite Statutory Restrictions
The Supreme Court has consistently held that if an arrested person is not informed of the reasons/grounds of arrest immediately and in writing, the arrest is unconstitutional under Article 22(1) of the Constitution. In such a case, the court must intervene and grant bail, even if there are statutory restrictions like under special laws (e.g., UAPA, PMLA, NDPS).
1. Constitutional Provision
Article 22(1), Constitution of India:
“No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
🔹 This provision is a fundamental right, and any violation renders custody illegal.
2. Judicial Interpretation
(a) Grounds Must Be Given in Writing
Pankaj Bansal v. Union of India, 2023 SCC OnLine SC 1244
– SC held that mere oral communication of arrest grounds is insufficient.
– The arrested person must be furnished written grounds of arrest at the earliest opportunity.
Ram Kishor Arora v. Directorate of Enforcement, 2023 SCC OnLine SC 934
– Clarified that Pankaj Bansal applies prospectively, but reaffirmed that written communication is mandatory.
(b) Arrest Without Reasons = Illegal Detention
Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254
– SC quashed arrest under UAPA since written grounds were not furnished.
– Held: Non-supply of written grounds is a direct violation of Article 22(1).
Madhu Limaye v. Sub-Divisional Magistrate, (1970) 3 SCC 746
– Arrest and detention without adequate reasons are unconstitutional.
(c) Effect: Bail Must Be Granted
Normally, under special laws like UAPA, PMLA, NDPS, bail is restricted by statutory provisions (e.g., Section 45 PMLA, Section 37 NDPS).
However, when the arrest itself is unconstitutional, such restrictions do not apply.
Courts have held: “When fundamental rights are violated, statutory bars cannot override the Constitution.”
3. Principle Evolved
Arrest without communicating reasons in writing = illegal detention.
Magistrate’s remand order becomes vitiated.
Court must grant bail or release irrespective of statutory restrictions.
4. Supporting Case Laws
DK Basu v. State of West Bengal, (1997) 1 SCC 416 – Guidelines for arrest; right to be informed of reasons.
Joginder Kumar v. State of U.P., (1994) 4 SCC 260 – Arrest must not be routine; reasons must be justified and informed.
V Senthil Balaji v. State, 2023 SCC OnLine SC 934 – Arrest under PMLA without due procedure struck down.
✅ Conclusion
If the police/agency fails to provide written grounds of arrest, it violates Article 22(1). Such detention is unconstitutional, and courts are bound to order release/bail, even overriding stringent statutory bail restrictions. This ensures fundamental rights prevail over procedural statutes.
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