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Grounds for Arrest - They must specify the reasons and necessity for detention, and such grounds should be communicated to the arrestee as soon as possible. Failure to do so renders the arrest illegal. Courts emphasize that reasons should be recorded in writing to ensure transparency and reasonableness of the detention Ambikesh Mahapatra VS State of West Bengal - Calcutta, N. Ratna Kumari VS State of Odisha - Crimes, N. Ratnakumari VS State of Odisha - Orissa, Mihir Rajesh Shah VS State of Maharashtra - Supreme Court, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad, Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr - Tripura, Madhu Limaye VS State - Punjab and Haryana.
Timing of Communication - Grounds should be provided promptly, ideally at the time of arrest. If delayed beyond a reasonable period (often within 24 hours), the detention may be deemed unlawful. Several cases highlight that providing grounds more than 24 hours after arrest violates constitutional and legal requirements Ambikesh Mahapatra VS State of West Bengal - Calcutta, N. Ratna Kumari VS State of Odisha - Crimes, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand, VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad, Sri Shibu Chakraborty on behalf of Sri Rajesh Acharjee vs The State of Tripura and anr - Tripura, Madhu Limaye VS State - Punjab and Haryana.
Legal Safeguards - The law mandates that police record and communicate the reasons for arrest to protect individual rights. Non-compliance, such as not informing the detainee or delayed communication, constitutes a violation of legal and constitutional safeguards, including Article 22(1) of the Constitution of India LALJI YADAV VS STATE OF UTTAR PRADESH - Allahabad, Mihir Rajesh Shah VS State of Maharashtra - Supreme Court, Madhu Limaye VS State - Punjab and Haryana.
Court's Role - Courts can stay arrests if grounds are not properly communicated or if detention exceeds legal limits. They also scrutinize whether the arrest was made based on valid grounds and in accordance with legal procedures LALJI YADAV VS STATE OF UTTAR PRADESH - Allahabad, Vinay Kumar Choubey son of Devendra Choubey vs State of Jharkhand through Vigilance - Jharkhand.

Analysis and Conclusion:
The grounds for arrest must be clearly specified, recorded, and communicated to the detainee promptly—preferably at the time of arrest or within a reasonable period (usually 24 hours). Delays or failure to inform the arrestee of the reasons compromise the legality of the detention and violate constitutional protections. Proper documentation and timely communication are essential to uphold individuals' rights and prevent illegal detention. Courts have consistently held that non-compliance with these requirements invalidates arrests and detention periods, emphasizing the importance of procedural safeguards in law enforcement Ambikesh Mahapatra VS State of West Bengal - Calcutta, N. Ratna Kumari VS State of Odisha - Crimes, VIMAL KISHORE MEHROTRA VS STATE OF UTTAR PRADESH - Allahabad.

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

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....

• India - Crimes

I.MAHANTY, S.K.SAHOO

Grounds of arrest must indicate at least in brief the reasons and necessity of arrest. ... No.4 where grounds of arrest is to be mentioned, it is only mentioned “as found involved in the above noted case”. ... The ground of arrest was not communicated to the detenue. ... Only a memo of arrest was handed over to her husband without describing the grounds of arrest and one like is mentioned in the arrest#HL....

2014 0 Supreme(Ori) 198 • India - Orissa

I.MAHANTY, S.K.SAHOO

ARREST - Grounds of arrest must indicate at least in brief the reasons and necessity of arrest - If the arrest is made without compliance ... law for the time being in force providing for arrest - Detail stated. ... followed otherwise the arrest and the consequent detention would be illegal. ... According to the learned counsel for the petitioner this is not sufficient compliance of the mandate of law regarding communication grounds of arre....

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 - ... The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. (2) That the police oficer carrying out the arrest of the arrestee shall prepare#....

• India - Crimes

M.M.PUNCHHI, S.P.KURDUKAR

The proved facts of this case unmistakably indicate that the present case squarely falls within the ambit of "rarest of rare" case ... It is well settled that the evidence of witnesses cannot be discredited only on the ground that they are close relatives of the deceased ... (within four hours of the occurrence) at Mitauli Police Station. The complaint was written after the incident was over. ... It was then contended for the appellants that if really the incident was reported at 9.05 p.m. then surely the inquest reports which were #HL_ST....

Mihir Rajesh Shah VS State of Maharashtra

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

B. R. GAVAI, AUGUSTINE GEORGE MASIH

– 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 ... , written grounds of arrest must be furnished to arrestee on his arrest – However, in exceptional circumstances such as offences ... The grounds of ....

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 the ground....

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....

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 ... that the grounds of arrest are given to....

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