The mandatory requirement to inform an arrested individual of the grounds for arrest must be complied with for a lawful detention.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.2 in Crime No.739/2025 of Karunagappally Police Station, Kollam District. The offences alleged are punishable under Sections 61 (2)(a), 103(1), 111(2)(a), 118(1), 238(a), 239, 249(a), 332(a), 340 and 351 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and of the Explosive Substances Act .

3. The prosecution case, in short, is that, there were cases and counter cases between the accused No.1 and the deceased Santhosh during the last few years. There was an incident where the deceased had stabbed the accused No.1. Accused Nos.1 to 9 had entered into a criminal conspiracy to cause death of Santhosh aged 45 years. In furtherance of the said conspiracy, accused Nos.2 to 7 had trespassed into the residence of the deceased at about 02:30 a.m. on 27.03.2025 and hacked him to death. The applicant herein was also with the assailants and he had blasted an explosive at the scene of occurrence. According to the prosecution, the murder was committed at the behest of the accused No.1 in furtherance of the conspiracy.

4. I have heard Sri. Raghunath V.T., the learned counsel for the applicant and Sri. C.K.Suresh, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicant submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicant was not furnished with the grounds of arrest, his arrest was illegal and is liable to be released on bail. On the other hand, the learned Special Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the at the time of the arrest of the applicant. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicant and hence he is not entitled to bail at this stage.

6. The applicant was arrested on 17.04.2025 and since then he is in judicial custody.

7. Though prima facie there are materials on record to connect the applicant with the crime, since the applicant has raised a question of absence of communication of the grounds of his arrest, let me consider the same.

8. Chapter V of BNSS , 2023 deals with the arrest of persons. Sub-section (1) of Section 35 of lists cases when police may arrest a person without a warrant. Section 47 of clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Noncompliance with Article 22(1) of the Constitution will be a violation of the fundamental right of the accused guaranteed by the said Article. It will also amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution.

9. The question whether failure to communicate written grounds of arrest would render the arrest illegal, necessitating the release of the accused, is no longer res integra. The Supreme Court in Pankaj Bansal v. Union of India and Others [(2024) 7 SCC 576] , while dealing wit