The Supreme Court of India has determined that any arrest conducted without prior information to the accused regarding the reason for arrest is a violation of Article 22(1) of the Constitution. An arrest carried out in this manner will be declared invalid. As per the given ruling, such an arrest goes against the Constitution and does not bail for the accused, irrespective of a chargesheet being filed or the trial court already cognizant.
This verdict was given in the case of Vihaan Kumar vs. State of Haryana and in this case, Justices Abhay S Oka and N Kotishwar Singh emphasised the fact that a person who has been arrested needs to be given details of the charges against him as early as is possible.
Supreme Court’s Directives on Article 22(1) Compliance
The Constitution’s Article 22(1) is said to be very valuable, as said by the Supreme Court, as while arresting a suspect, there is due process to be followed that ensures that the suspect’s rights are protected and respected as well. These are the primary instructions of the court:
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The suspect should be made aware of the reason behind the arrest straight away.
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The authorities are obliged to demonstrate that the information was given in an easily understandable format.
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In case of an allegation of non-compliance, the investigating agency has the burden to comply.
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In cases of Article 22 violation, the restrictions on legislated bail will not apply and courts will have to take compulsory action of directing the release of the accused.
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Magistrates must check proof of observation of the orders before allowing remand.
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An unlawful arrest does not affect the validity of the investigation, the charge sheet, or even the trial. These do not constitute an illegal arrest, and those charges can still factually stand.
Justice Singh’s Additional Observations
Justice N Kotishwar Singh highlighted key safeguards for the accused. He stressed the need for transparency in arrests and legal protection for detainees. Here are his key observations:
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The grounds of arrest must not only be communicated to the accused but also to their friends, relatives, or nominated persons as per Section 50 of the CrPC.
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This ensures that legal action can be taken to challenge the arrest and protect the accused’s liberty.
Failure to follow this process may render the arrest illegal.
Conclusion
This Supreme Court decision enhances the constitutional protections towards protecting arbitrary arrests so that the fundamental rights of the accused are preserved. Furthermore, it delineates the authority of the courts to issue bail even when there are certain legal barriers, thus emphasising the need for due process and responsibility in the criminal justice system.
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