Arrest without stating grounds can lead to release: Here’s why

Kochi: The phrase “You’re under arrest” may be a popular dialogue in films, but in real life, a police arrest cannot be carried out so casually. If the grounds for arrest are not clearly communicated to an accused, a court may order their release, as failing to do so can amount to a violation of fundamental rights.

Article 22 of the Constitution safeguards individuals against arbitrary arrest. When a person is arrested without a warrant, Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requires the police to clearly communicate the grounds for the arrest. If this requirement is not followed, the court may have to release the accused.

This was reportedly the reason a court released Dr M.K. Ram, the prime accused in the case related to the death of Anjarakandy Dental College student Nithin Raj, when he was initially arrested.

Law has been in place, enforcement tightened since 2024

The Constitution and the BNSS clearly lay down the procedures police must follow while making an arrest. However, strict enforcement gained renewed importance after a 2024 Supreme Court ruling in the Prabir Purkayastha case.

What the rules say

At the time of arrest, the accused must be informed in writing about the offences and the legal provisions under which they have been arrested. The Supreme Court has also recently directed that the grounds for arrest should be communicated at least two hours before the accused is produced before a magistrate. If eligible, the accused must also be informed of their right to bail. All such information should be provided in a language the arrested person can understand. The police must also inform the arrested person's relatives or friends about the arrest.

The aim of these safeguards is to ensure that an arrested person has the opportunity to challenge the arrest, contact a lawyer and approach the court for bail.

When the stricter enforcement of the law began, a lack of awareness among investigating officers reportedly led to failures in informing accused persons about the grounds for their arrest.

On the contrary, sometimes this has led to the release of accused persons, including those involved in drug cases. At times, authorities deliberately disregard these requirements.

Supreme Court may refer issue to larger bench

The Supreme Court has received several conflicting judgments on whether the grounds for arrest must be provided to an accused in writing before the arrest is made. In view of these differing rulings, the Supreme Court recently indicated that it was considering referring the matter to a larger bench for further examination.