AI Overview...
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Grounds of Arrest - Under Section 47 of BNSS, the law mandates that a person arrested must be informed of the grounds of arrest immediately or within a reasonable time, typically within 24 hours. Failure to do so renders the arrest illegal and can invalidate subsequent detention or remand orders Kaushik Rameshchandra Thakkar @ Anam vs State of Maharashtra - Bombay, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, Union Of India Represented By Intelligence Officer vs Shashi Kumar Choudhary - Gauhati, Kasireddy Upender Reddy VS State of Andhra Pradesh - Supreme Court, Divesh Rawat vs State Of NCT Of Delhi - Delhi, Mohd. Abdul Ayaz vs State of Telangana - Telangana, Pappula Chalama Reddy vs The State of Andhra Pradesh - Andhra Pradesh, KINGSLEY NANA vs THE STATE OF KARNATAKA - Karnataka.
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Procedural Compliance - Courts consistently emphasize that arrest procedures must strictly adhere to Section 47 BNSS and constitutional provisions, especially Article 22(1) of the Indian Constitution, which guarantees the right to be informed of grounds of arrest. Non-compliance leads to the arrest being declared unlawful and can result in the release of the detainee Kaushik Rameshchandra Thakkar @ Anam vs State of Maharashtra - Bombay, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, Mohd. Abdul Ayaz vs State of Telangana - Telangana, Kasireddy Upender Reddy VS State of Andhra Pradesh - Supreme Court, Divesh Rawat vs State Of NCT Of Delhi - Delhi, Pappula Chalama Reddy vs The State of Andhra Pradesh - Andhra Pradesh, KINGSLEY NANA vs THE STATE OF KARNATAKA - Karnataka.
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Judicial View on Grounds of Arrest - Courts have held that vague or unsubstantiated grounds of arrest violate legal and constitutional rights. Proper, clear, and timely communication of grounds is essential for legality, and failure to do so can invalidate the arrest and subsequent detention Union Of India Represented By Intelligence Officer vs Shashi Kumar Choudhary - Gauhati, Mohd. Abdul Ayaz vs State of Telangana - Telangana, Kasireddy Upender Reddy VS State of Andhra Pradesh - Supreme Court, Divesh Rawat vs State Of NCT Of Delhi - Delhi, KINGSLEY NANA vs THE STATE OF KARNATAKA - Karnataka.
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Conclusion - The ground of arrest under Section 47 BNSS is fundamentally about ensuring transparency and safeguarding individual rights during custodial procedures. Legal validity hinges on timely, clear communication of grounds, failure of which can lead to the arrest being declared illegal and the detainee being entitled to release Kaushik Rameshchandra Thakkar @ Anam vs State of Maharashtra - Bombay, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, Union Of India Represented By Intelligence Officer vs Shashi Kumar Choudhary - Gauhati, Kasireddy Upender Reddy VS State of Andhra Pradesh - Supreme Court, Divesh Rawat vs State Of NCT Of Delhi - Delhi, Mohd. Abdul Ayaz vs State of Telangana - Telangana, Pappula Chalama Reddy vs The State of Andhra Pradesh - Andhra Pradesh, KINGSLEY NANA vs THE STATE OF KARNATAKA - Karnataka.
Search Results for "Ground of Arrest Sec 47 Bnss"
2025 0 Supreme(Bom) 820 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
226 - Criminal Procedure Code, 1973 - Sections 50, 57, 167 - Writ of habeas corpus - Petitioner challenged the legality of his arrest ... for arrest in writing, as mandated by law - The detention was declared illegal, and the Petitioner was ordered to be released. ... and detention beyond 24 hours without being produced before a Magistrate - Court found that the arrest was made at 7:00 AM on 16.08.2024 ... It is submitted by the Petitioner that he was not informed about the grounds of arrest in writing ....
2025 0 Supreme(Jhk) 1439 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
(Paras 48, 49) ... ... (D) However, if grounds are communicated shortly after arrest and acted ... for arrest must be communicated immediately or within 24 hours to uphold fundamental rights under Article 22(1). ... 1)(a) - Fundamental rights under Article 22(1) of the Constitution of India - Custodial challenges and procedural lapses in the arrest ... He placed Article 22(1) of the Constitution of India along with Section 47 of BNSS and submitted that there is no requirement of prov....
2025 0 Supreme(Gau) 1402 • India - IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
BNSS and in the said notice Grounds of Arrest are not mentioned.
2025 0 Supreme(Telangana) 949 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
, thus invalidating the arrest. ... (Paras 1-2) ... ... (B) Lawfulness of Arrest - The arrest was deemed unlawful as it was executed ... (A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5 - Narcotic Drugs ... Adv has raised is that the grounds of arrest is not informed to accused and entire case diary is silent upon the same. He contends that the notice as stipulated U/Sec. 47 of #HL_ST....
2025 0 Supreme(SC) 905 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
Grounds of arrest were questioned for lack of clarity and justification. ... and detention - Appeal dismissed; grounds of arrest provided were deemed sufficient and meaningful as per Article 22(1) of the Constitution ... (Para 8) ... ... Ratio Decidendi: The court confirmed that grounds of arrest must adequately inform the detained ... 47 , the grounds of arrest under Section 48 and the remand report.” ... Section 47#....
2025 0 Supreme(Del) 476 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
The court analyzed the petitioner’s claims regarding unlawful detention, non-supply of arrest grounds, and the requirements of compliance ... with the BNSS. ... The court observed the petitioner’s presence at the crime branch prior to his arrest and examined the legitimacy of the arrest per ... The same is the ground specifically taken in Ground E also. Thus, the appellant repeatedly pleaded violation of Article 22(1) by explicitly contending that he was not informed ....
2025 Supreme(Online)(Kar) 22427 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Constitution of India insofar as the requirement to communicate the ground of arrest is concerned. We may also note here that in para 21, in Prabir Purkayastha v. State (NCT of Delhi), a href="..
2024 Supreme(Online)(TEL) 22882 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
(Paras 3-46) ... ... (B) Arrest - Procedure - The court emphasized that arrest must comply with ... procedure violations, but the court upheld the legality of the arrest and remand. ... government officials during a public hearing - The Magistrate found sufficient prima facie material for remand - The petitioner argued arrest ... Section 47 of BNSS deals with the person arrested to be informed of reasons/grounds of arrest and his/her right to bail ....
2024 Supreme(Online)(AP) 17930 • India - High Court of Andhra Pradesh
R. Raghunandan Rao, Maheswara Rao Kuncheam, JJ
grounds of arrest. ... The Court ruled that the failure to provide written grounds of arrest rendered the remand order illegal. ... ... ... Findings of Court: ... The Court found that the arrest and remand were conducted without properly serving the grounds for ... of arrest, under Section 47 of BNSS, on the detenue. ... In this order, the Magistrate stated that the grounds of arrest have been ....
2025 Supreme(Online)(Kar) 17632 • India - Karnataka High Court
(A) Constitution of India - Article 22(1) - BNSS, 2023 - Sections 47 and 48 - NDPS Act - Section 52 - Petitioners sought to set aside ... their arrest and remand proceedings, claiming failure to inform grounds of arrest violating Article 22(1) - Court held that informing ... ... ... Ratio Decidendi: The court ruled that the lack of provision of grounds of arrest violates Article 22(1), rendering the arrest ... Sections 47 and 48 ....
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