Supreme Court Sets Precedent on Grounds of Arrest

In a landmark judgement, the Supreme Court declared that every person arrested in connection with any offence must be furnished with the grounds of arrest in writing, rather than conveyed orally, as has been the practice. The Bench of Justices B.R. Gavai and Sandeep Mehta also made a distinction between the terms ‘reasons of arrest’ and ‘grounds of arrest’.

While the former relates to general parameters, the latter requires specific facts necessitating the arrest to be listed out. The court rejected the contention that Article 22(1) of the Constitution requires only oral communication of the grounds of arrest, emphasizing that written communication is imperative. The verdict is set to change criminal procedures adopted by police across the country. Furthermore, the court emphasized that the right to be informed about the grounds of arrest is fundamental and statutory, and any infringement of this right would vitiate the arrest and remand process.