Supreme Court Affirms Right to Know Arrest Grounds

Why in the news?

The Supreme Court emphasised the constitutional requirement to inform detainees of arrest reasons, upholding Article 22(1) rights. This decision came while quashing an arrest in Maharashtra, highlighting the importance of transparency and procedural fairness in detentions.

Supreme Court Affirms Right to Know Arrest Grounds

Supreme Court: Right to Know Arrest Grounds is Inviolable

  • The Supreme Court emphasised that detainees must be informed of the grounds for their arrest, calling it an “inviolable norm” under Article 22(1) of the Constitution.
  • A bench of Justices Bhushan R. Gavai and K.V. Viswanathan highlighted this while criticising Maharashtra’s challenge to a Bombay High Court order quashing an arrest where reasons were not communicated.
  • The Court warned that ignoring this right violates individual liberty and noted that the law mandates prompt communication of arrest grounds.

    Supreme Court’s Focus on Constitutional Safeguards:

  • The Court reiterated its commitment to personal liberty and due process, especially under laws like UAPA and PMLA, which grant law enforcement wide authority.
  • Recent judgments mandate agencies to provide written grounds and instruct courts to release individuals if procedural violations occur.
  • The Court emphasised that this constitutional safeguard is essential for transparency, fairness, and preventing misuse of arrest powers.

About Right to be Informed in Case of Arrest:

  • CrPC Section 50(1) / BNSS Section 47: Police must inform the arrested individual of the grounds for arrest. If the offence is bailable, the officer must inform them of their right to bail and arrange sureties.
  • Article 22 of the Indian Constitution: Ensures that arrested individuals are informed of arrest grounds and have the right to inform family, friends, or relatives about their detention.

Right to Be Informed Across Contexts:

  • Consumer Protection Act, 1986: Grants consumers the right to be informed about products or services.
  • Right to Information Act, 2005: Allows citizens access to public information, with Section 8 listing exceptions.
  • UAPA, Section 43B: Officers must promptly inform detainees of arrest reasons and forward them to the nearest police station.

Understanding Unlawful Activities (Prevention) Act (UAPA), 1967:

  • Objective: Prevent and address threats to India’s sovereignty and integrity.
  • Applicability: Covers Indian citizens abroad, government personnel globally, and those on Indian-registered ships/aircraft.
  • Investigation: Both State Police and the National Investigation Agency (NIA) can investigate cases.

Key Amendments:

  • 2004: Added provisions for prosecuting terrorist acts.
  • 2008: Expanded to acts threatening India’s unity and security.
  • 2012: Included economic security threats.
  • 2019: Allows declaring individuals as “terrorists” and the NIA Director General to approve property seizures.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times