AI Overview...

Grounds for Arrest - The law mandates that an arrested person must be informed of the grounds for arrest promptly, ideally within a reasonable time and no later than 24 hours after arrest. Failure to do so renders the arrest illegal, violating constitutional rights under Article 22(1) of the Indian Constitution. Several sources emphasize that written communication of grounds is crucial for safeguarding personal liberty and ensuring procedural fairness LALJI YADAV VS STATE OF UTTAR PRADESH - Allahabad, VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad, Mihir Rajesh Shah VS State of Maharashtra - Supreme Court, Bava Bagurudeen @ Bagurudeen vs The State of Tamil Nadu - Madras, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr - Tripura, Madhu Limaye VS State - Punjab and Haryana, Roop Bansal VS Union of India - Punjab and Haryana.
Timing of Communication - The Supreme Court and other judicial authorities have held that providing the grounds of arrest more than 24 hours after detention breaches legal requirements. When grounds are supplied late, it undermines the legality of detention and may lead to the arrest being deemed unlawful Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr - Tripura.
Legal Safeguards - The courts have reinforced that failure to communicate grounds of arrest within a reasonable timeframe, especially within 24 hours, compromises constitutional protections and human rights. Proper recording and timely communication serve as safeguards against arbitrary detention LALJI YADAV VS STATE OF UTTAR PRADESH - Allahabad, VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad, Mihir Rajesh Shah VS State of Maharashtra - Supreme Court.
Effect of Non-Compliance - If authorities do not furnish written grounds promptly, the arrest can be challenged and may be declared illegal, leading to potential release or legal consequences for the authorities. This underscores the importance of procedural adherence in arrest procedures Roop Bansal VS Union of India - Punjab and Haryana, Bava Bagurudeen @ Bagurudeen vs The State of Tamil Nadu - Madras.

Analysis and Conclusion:
Grounds for arrest must be prepared and supplied to the arrested individual promptly, ideally within 24 hours, to comply with constitutional and procedural safeguards. Several judicial rulings confirm that delays or failure to communicate grounds in writing invalidate the arrest, emphasizing the importance of procedural correctness to protect individual rights. Arrests made without timely and proper communication of grounds are legally vulnerable and can be challenged as unlawful.

References:
- LALJI YADAV VS STATE OF UTTAR PRADESH - Allahabad
- VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad
- Mihir Rajesh Shah VS State of Maharashtra - Supreme Court
- Bava Bagurudeen @ Bagurudeen vs The State of Tamil Nadu - Madras
- Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand
- Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr - Tripura
- Madhu Limaye VS State - Punjab and Haryana
- Roop Bansal VS Union of India - Punjab and Haryana

Search Results for "Grounds for Arrest Prepared and Supplied Several Hours after the Arrest"

1997 0 Supreme(All) 1358 • India - Allahabad

I.M.QUDDUSI

The petitioners sought to stay their arrest during the investigation by the C.B.I. ... Whether the court can stay the arrest of an accused during the investigation by the C.B.I.? 3. ... CRIMINAL PROCEDURE CODE - SECTION 482 - INHERENT POWERS OF THE COURT - STAY OF ARREST - APPLICABILITY - CONDITIONS PRECEDENT - ... ... ( 35 ) COPY of this order shall be supplied to the learned counsel for the petitioner on payment of usual charges within 24 hours. Order accordingly. ... ... . ... ... The particulars....

VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH

1955 0 Supreme(All) 101 • India - Allahabad

OAK, DESAI

CRIMINAL LAW - Arrest and detention - Grounds for arrest - Communication to the arrested person - Article 22(1) of the Constitution ... not informed of the grounds for his arrest as required by Article 22(1) of the Constitution. ... The petitioner's detention was illegal, as he was not informed of the grounds for his arrest as soon as it was possible to do so. ... What is the meaning of grounds in this provision has been discussed in severa....

Mihir Rajesh Shah VS State of Maharashtra

2025 0 Supreme(SC) 1890 • India - Supreme Court

B. R. GAVAI, AUGUSTINE GEORGE MASIH

– Later, a written copy of grounds of arrest must be supplied to arrested person within a reasonable time and in no event later ... – Legal prerequisites and safeguards – Failure to comply with requirement of informing grounds of arrest soon after arrest would ... render arrest illegal – It may not be practical to communicate grounds of arrest in writing in every situation, but if such a course ... On the aspect of timeframe within ....

Ambikesh Mahapatra VS State of West Bengal

2015 0 Supreme(Cal) 153 • India - Calcutta

DIPANKAR DATTA

The petitioners were detained at the police station for several hours and were not released on bail until the next day. ... The court held that the petitioners' human rights had been violated because they had been illegally detained for several hours without ... The court emphasized that the power of arrest should not be exercised mechanically and that reasons for arrest must be recorded in ... Once the reasons are recorded in writing, what is achieved is that the reasonableness of the....

Bava Bagurudeen @ Bagurudeen vs The State of Tamil Nadu

2025 Supreme(Online)(Mad) 67428 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS

SUNDER MOHAN, J

order concerning failure to provide written grounds of arrest must be addressed specific to each petitioner. ... of India - Petitioners challenged the remand orders passed without due communication of grounds of arrest; the Court reiterated ... (Paras 4, 10, 11) ... ... (B) Constitutional Rights - Grounds of arrest - The ... Later, a written copy of grounds of arrest must be supplied to the arrested person within a reasonable time....

Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance

2025 0 Supreme(Jhk) 1439 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI

SANJAY KUMAR DWIVEDI

2, 3, 20, 28, 46) ... ... (B) Court mandates that grounds ... He further submitted that it was objected by the petitioner by way of filing an objection application before the learned Special Judge, thereafter, the opposite party agency prepared and supplied the alleged grounds of arrest and this was done more than 24 hours after the petitioner’s arrest and also ... in our opinion, the reasonably convenient or reasonably requisite time to inform the arrestee about th....

Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr

2025 Supreme(Online)(Tri) 127 • India - High Court of Tripura

... ... Ratio Decidendi: The court elaborates that written communication of grounds of arrest is crucial, referencing several precedents ... ... ... Issues: The Court considers whether grounds of arrest were properly communicated and whether the detention exceeded 24 hours ... Facts of the Case: Petitioner claims the arrest of Sri Rajesh Acharjee lacks proper grounds and violates constitutional rights. ... In this case the grounds#HL_END....

1959 0 Supreme(P&H) 21 • India - Punjab and Haryana

R.P.KHOSLA

CRIMINAL LAW - ARREST - GROUNDS OF ARREST - ARTICLE 22(1) OF THE CONSTITUTION OF INDIA - REQUIREMENT OF INFORMING THE ARRESTED ... PERSON OF THE GROUNDS OF ARREST - MERE ENUMERATION OF SECTIONS OF CRIMINAL LAW AMENDMENT ACT OR INDIAN PENAL CODE NOT SUFFICIENT ... The court also found that the petitioner had not been produced before a Magistrate within 24 hours of his arrest, as required by ... It might be noted here that there is no other material on the record to sho....

State of Gujarat VS Nitaben Abhaybhai Mehta

• India - Crimes

B.L.SHETHNA

Detention in custody is the result of arrest. ... Both were interrogated on several occasions by the police but they refused to divulge any material and important information. ... Both the accused persons were present at the scene of offence when the police reached there, but neither of them was prepared to ... Copy of the aforesaid undertaking be supplied to the learned P.P. Mr. D.K. Trivedi. ... Emphasis Supplied If the accused felt that the aforesaid conditions are redundant and non. ... It provides ....

2023 0 Supreme(P&H) 2861 • India - Punjab and Haryana

ARUN PALLI, VIKRAM AGGARWAL

(A) Prevention of Money Laundering Act, 2002 - Sections 2(1)(u), 19, 44, and 45 - Arrest of petitioner challenged on grounds of procedural ... violations - Supreme Court affirmed that grounds of arrest must be provided in writing as per Section 19 - Non-compliance renders ... Arrest order and subsequent remand were challenged on basis of insufficient grounds being communicated and procedural lapses by the ... fact that the grounds of arrest had not b....

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