In Jaskaran Jeet Singh Deol v. State of Punjab, a bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar held that when a first arrest is struck down for violating Article 22(1) (the right to be told the grounds of arrest), the agency cannot simply arrest the person again. It must first prepare written grounds of arrest and get approval from the magistrate. The Court also directed a departmental inquiry against the officer who ignored the constitutional safeguard.
Every arrested person has the right to be told, in writing, why they are being arrested. If this is not done, the arrest can be declared illegal, and the police cannot get around it with a quick re-arrest. Ask your advocate to check the arrest memo and grounds in every bail matter.
Article 22(1) of the Constitution says a person who is arrested must be informed, as soon as possible, of the grounds of arrest and has the right to consult a lawyer of their choice. Section 47 of the BNSS [old Section 50 CrPC] requires the police to tell the arrested person the full particulars of the offence, and Section 48 [old Section 50A] requires informing a relative or friend. The Supreme Court has held that the grounds should be given in writing, and an arrest without this can be declared illegal.
Article 22(2) and Section 58 BNSS [old Section 57 CrPC] require that an arrested person be produced before a Magistrate within 24 hours, excluding travel time. At the first production, the defence can point out that grounds were not supplied. If the arrest is held illegal, the person is entitled to be released, and, after this ruling, any fresh arrest needs written grounds and the Magistrate's approval.
Yes. The Supreme Court has held that the grounds of arrest should be communicated in writing to give real effect to Article 22(1). If the grounds are not supplied, the arrest and any remand based on it can be challenged and may be declared illegal.
According to this ruling, when the first arrest is struck down for violating Article 22(1), the agency must first prepare written grounds of arrest and get the Magistrate's approval before arresting again. A quick re-arrest that ignores these safeguards can itself be challenged.
They should find out which police station or agency holds you, ask for the arrest memo, and contact an advocate. The arrested person must be produced before a Magistrate within 24 hours. Your family can also contact the District Legal Services Authority for free legal aid.
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