The Supreme Court of India has ruled that informing an accused of the grounds of arrest is not merely a formality but a mandatory constitutional requirement.

• The Supreme Court declared the arrest of Vihaan Kumar, an accused in a financial fraud case, as unconstitutional and ordered his immediate release.
• Failure to inform the accused of the reason for arrest amounts to a violation of fundamental rights under Article 22(1) of the Constitution.

Enroll now for UPSC Online Course

Supreme Court’s Emphasis

• Burden of Proof on Police: If an arrested person claims non-compliance with Article 22(1), the burden is on the police to prove compliance.
  • The police must provide evidence that the requirement was met.
• Magistrate’s Duty: When an arrested person is produced before a judicial magistrate, it is the magistrate’s duty to verify compliance with Article 22(1).
  • If a violation is found, the magistrate must order the accused’s release.
• Article 21 – Right to Life & Personal Liberty: The Supreme Court stated that failure to inform the accused of the grounds of arrest also violates Article 21.
  • Such failure amounts to deprivation of liberty without due legal process.
  • The court reaffirmed that no person can be deprived of personal liberty except through a fair and legal procedure.

Constitutional Provisions for Informing Accused 

Article 22 – Protection Against Arrest and Detention in Certain Cases:

• Article 22(1):
  • No person who is arrested shall be detained in custody without being informed, as soon as possible, of the grounds for such arrest.
  • The arrested person shall not be denied the right to consult and be defended by a legal practitioner of their choice.
• Article 22(2):
  • Every arrested and detained person must be produced before the nearest magistrate within 24 hours, excluding the time required for travel to the court.
  • No person shall be detained beyond 24 hours without the magistrate’s authorization.

• Article 22(3):
  • Clauses (1) and (2) do not apply in cases where:
    • The person is an enemy alien.
    • The person is detained under a law that provides for preventive detention.
• Article 22(5): A person under detention should be communicated the grounds of detention order and allowed to make a representation against detention.

Check Out UPSC CSE Books From PW Store

Cases of Preventive Detention Law

• The detained person has the right to be informed of the grounds of detention.
  • Exception: Grounds may not be disclosed if doing so is against public interest.
• The detained person has the right to make a representation against the detention order.
• The detained person must be released after three months unless the advisory board recommends continued detention.

Ready to boost your UPSC 2025 preparation? Join PW’s UPSC online courses today!

DOWNLOAD PDF