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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Divesh Rawat – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. filing of petition seeking declaration of arrest legality. (Para 1) |
| 2. arguments regarding the petitioner's grounds of arrest. (Para 3 , 4) |
| 3. review of procedural compliance in arrest. (Para 5 , 7) |
JUDGMENT :
1. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [For short, ' BNSS’] has been filed on behalf of the petitioner, inter alia, seeking declaration of his arrest on 15.06.2025 in FIR No. 29/2025, under Sections 318 (4)/316(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023, [For short,'BNS ’] registered at P.S. Crime Branch as non-est and illegal and setting aside of remand orders passed by learned Judicial Magistrate First Class in connection with the aforesaid FIR, post the arrest of the present petitioner.
• On 29.01.2025, the aforesaid FIR No. 29/2025, under Sections318(4)/316(2)/61(2) of the BNS, 2023, was registered at P.S. Crime Branch;
• On 06.02.2025, at around 06:36 PM while petitioner’s father was at his home, two people in civil dress, carrying a gun, came to his residence and claimed to be police officials. The said officials forcefully entered the premises of the p
The court reaffirmed the necessity of timely communication of grounds for arrest, highlighting defendant's rights under Article 22 of the Constitution.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
The requirement to inform an arrested person of the grounds for arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
Failure to provide written grounds for arrest constitutes a violation of fundamental rights under Articles 21 and 22, rendering the arrest illegal.
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