Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. JUSTICE KAUSER EDAPPAGATH, J
Babu M S/o Dharman – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The common issue in these writ petitions concerns the consequence of non-compliance with the requirement of informing the grounds of arrest under
2. The petitioner in WP(Crl). No.240/2025 is the father of the accused in Crime No.1498/2024 of Tirur Police Station, Malappuram. The offence alleged is punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 . The petitioner’s son was arrested on 02.10.2024. Though he moved a bail application before the trial Court, it was dismissed. He is, at present, in judicial custody.
3. The petitioner in WP(Crl). No. 247/2025 is the mother of the 2nd accused in Crime No.447/2024 of Koipuram Police Station, Pathanamthitta. The crime has been transferred to the Crime Branch and re-registered as CB Crime No.715/2024 of CBCID, Kollam. The offences alleged are punishable under Section s 420 , 409 and 120B read with Section 34 of the Indian Penal Code, 1860 and Section s 3 , 21, 5 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act’). The petitioner’s daughter was arrested o
The failure to inform an arrested person of the grounds for their arrest constitutes a violation of their fundamental rights under Article 22(1) of the Constitution, rendering the arrest illegal.
Failure to communicate grounds of arrest violates constitutional rights, rendering the arrest illegal and warranting bail.
The requirement of informing an arrested person of the grounds for arrest is a mandatory constitutional obligation.
Failure to inform arrestee of grounds of arrest violates constitutional rights, rendering the arrest illegal.
An arrestee must be informed of the grounds for arrest as per Article 22(1) of the Constitution, and failure to do so renders the arrest illegal.
The non-compliance with the requirement to inform arrested individuals of the grounds for their arrest renders such arrests illegal, thus entitling the accused to bail.
The requirement to communicate grounds of arrest is mandatory and failure to do so renders the arrest illegal.
The arrest without communicating grounds violates fundamental rights under Article 22(1) of the Constitution, rendering it illegal.
Mandatory communication of arrest grounds is vital for legal arrests, ensuring fundamental rights are upheld.
The mandatory requirement to inform an arrestee of grounds for arrest is fundamental for lawful detention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
