Right to Know Grounds of Arrest

Constitutional Provisions

• Article 22(1): A person arrested must be informed, as soon as may be, of the grounds of arrest.
• Article 21: Protects life and personal liberty; an arrest that violates mandatory constitutional safeguards may be rendered illegal.
• The right to know the grounds of arrest is a fundamental right and is not merely a procedural formality.

Supreme Court Ruling — Key Points

• Written grounds of arrest: The Supreme Court has held that grounds of arrest must be communicated in writing and in a language understood by the arrested person, subject to the recognised exceptional circumstances.
• Violation of Article 22(1): Failure to communicate the grounds of arrest can render the arrest and subsequent remand illegal.
• Burden of proof: Where the arrested person alleges that the grounds were not communicated, the police must establish compliance with Article 22(1).
• Informing relatives: Informing a relative about the arrest does not replace the obligation to inform the arrested person of the grounds.

Prelims Practice Questions

Q1. The right to be informed of the grounds of arrest is guaranteed under which Article of the Constitution?

(A) Article 19

(B) Article 20

(C) Article 21

(D) Article 22(1)

Answer: (D) Article 22(1)

Explanation: Article 22(1) requires that an arrested person be informed, as soon as may be, of the grounds of arrest. This safeguard is connected with the protection of personal liberty under Article 21.