Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 457

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Devashis Baruah, J.
Sri Neizosetuo Kire S/o Sh. Neibatuo Kirer - Appellant
Vs.
The State Of Nagaland And Anr. - Respondent
Bail Appln./2/2025
Decided On : 11.04.2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. S. Borgohain, Advocate
For the Respondent:Mr. E. Thiba Phom Public Prosecutor, Nagaland Mr. A. Sophie, Advocate

The failure to communicate the grounds of arrest as required by law renders the arrest illegal, violating constitutional rights.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 323, 325, 352, and 34 - Code of Criminal Procedure, 1973 - Section 50 - Constitution of India - Article 22(1) - Legality of arrest - The petitioner challenged the legality of his arrest on grounds of non-communication of grounds for arrest as mandated by law. The court found that the grounds of arrest were not properly communicated, rendering the arrest illegal. (Paras 10, 22, 24)

(B) Arrest - Grounds of arrest must be communicated to the accused, and failure to do so renders the arrest illegal. The distinction between 'grounds' and 'reasons' for arrest is crucial. (Paras 19, 20)

Facts of the case:
The petitioner was arrested following an FIR alleging involvement in an incident leading to a death. The arrest was claimed to be illegal due to lack of communication of grounds. (Paras 3, 10)

Findings of Court:
The court found that the arrest was illegal as the grounds were not communicated as required by law. (Paras 22, 24)

Issues: The main issue was whether the grounds of arrest were communicated to the petitioner as required by law. (Paras 10, 22)

Ratio Decidendi: The court ruled that the failure to communicate the grounds of arrest violates Article 22(1) and Section 50 of the Code, necessitating the declaration of the arrest as illegal. (Paras 22, 24)

Result: The petition was allowed, and bail was granted to the petitioner.

Judgement Key Points

Based on the provided legal document, communication of the grounds of arrest is indeed mandatory (!) . The court emphasizes that the grounds of arrest must be formulated and communicated to the accused to comply with constitutional and legal requirements. Verbal communication alone is not sufficient unless it is supported by contemporaneous records that reflect the formulation and communication of those grounds (!) (!) .

The court further clarifies that the "grounds of arrest" are personal to the accused and must be conveyed in a manner that provides the accused with an opportunity to defend himself against the charges or seek bail. Merely stating the reasons for arrest, such as preventing further crimes, does not fulfill the legal requirement of informing the actual grounds on which the arrest is based (!) (!) .

Therefore, the communication of the grounds of arrest is not only a legal requirement but also essential for safeguarding constitutional rights, and it must be properly documented and conveyed to the accused.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. S. Borgohain, the learned counsel appearing on behalf of the petitioner and Mr. E. Thiba Phom, the learned Pubic Prosecutor, Nagaland as well as Mr. A. Sophie, the learned counsel who represents the complainant.

2. Both the proceedings relate to the legality and validity of the arrest of the petitioner, and as such, they are taken up together for disposal by this common order.

3. The materials on record reveals that on 19.05.2024, an FIR was filed by one Thejavizo B. Misalhou before the Officer-In- Charge of the North Police Station, Kohima alleging inter-alia that an untoward incident happened on 18.05.2024 at Phoolbari Bus Stand/Taxi Stand opposite to Oking Hospital at around 4.40 PM. It was also alleged that the incident involved the petitioner and one Khrietsonyu Whuorie of Kohima Village which led to the hospitalization of the father of the complainant at ICU, Oking Hospital, and subsequently, he succumbed to his injuries on 19.05.2024 at around 3.25 AM. It was also alleged that the complainant was also assaulted by the said two persons.

4. On the basis of the FIR filed, a case was registered being North P.S. Case No.0045/2024 under Sections 352, 323, 325, 302 and 34 of the Indian Penal Code, 1860 (IPC). The FIR was registered after a General Diary Entry being made on 19.05.2024 at 11:30 hours.

5. Mr. E. Thiba Phom, the learned Pubic Prosecutor, Nagaland has produced the case diary pursuant to the direction passed by this Court on 10.04.2025. From a perusal of the said case diary, it is seen that at 11:40 hours, the said case diary was opened by the Investigating Officer after being endorsed by the Officer-In- Charge of the North Police Station. In the Entry No.(I) of the said case dairy, the Investigating Officer recorded about the incident as well as the initial statement of the victim's son. It was also mentioned therein that after the registration of the FIR and the case being endorsed to the Investigating Officer, the Investigating Officer visited the Sechu Zubza Village at 12:20 hours wherein the house of the deceased was located and conducted certain legal formalities.

For the purpose of the instant application what is important is the Entry No.(III) which was prepared at 15:30 hours wherein in the Synopsis Entry, it is mentioned as “Prepared, Arrest & Seizure Memo”. In the said Entry, it is mentioned as follows:

“Now, prepare proper Arrest Memo of the two accused persons Neizosetuo Kire and Khrietsonyu Whuorie in presence of available witnesses and also intimation has been given to the relatives of the accused persons about the grounds of their arrest. (enclosed as Annex-)”.

6. It further reveals from the Entry No.(IV) that at 1540 hours, the Investigating Officer left for Wokha along with the two accused persons and the North P.S. personnel and the DEF personnel for Wokha P.S. for safety and security of the two accused persons and also to avoid law and order situation due to hue and cry from the public of the deceased village and range.

7. At this stage, this Court further finds it relevant to take note of the Arrest/the Court Surrender Form wherein it is mentioned in the column Date, Time and Place Of Arrest/Surrender as 19.05.2024, time 15:40 hours GD No.03/2024. It is further pertinent to mention Serial No.8 of the said Arrest/Court Surrender Form. This Entry being very pertinent is reproduced herein under:

“The arrested person, after being informed of the grounds of arrest and his legal rights was duly taken into custody on 19.05.2024 (date) at 15:40 (hours) at North PS (place): The following article(s)

………………….

The arrested person was cautioned to keep himself/herself covered for purpose of identification. Intimation given to Shri/Smti. Neiphrietuo (relation) of uncle on (date) 19.05.2024 at (hrs) 20:00 hrs.”

8. This Court further finds it relevant that the reasons necessitating the arrest were informed to the petitioner as “to prevent the accused persons from committing