Arrest -- Communication of Grounds to Relatives -- Mandatory even at production before nearest Magistrate for transit remand
(i) Constitution of India, Art.22(1) -- Arrest -- Communication of Grounds to Relatives -- Mandatory even at production before nearest Magistrate for transit remand -- The requirement to communicate grounds of arrest to the arrestee and simultaneously to a relative or friend applies at the first production before the nearest Magistrate for transit remand and is not deferred until production before the jurisdictional Magistrate. Production before a non-jurisdictional Magistrate for transit remand still attracts this constitutional safeguard. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.47, S.48 -- Bail -- Non-Compliance with Article 22(1) -- Vitiates arrest and entitles accused to bail -- Failure to furnish grounds of arrest to the arrestee and to inform a relative or friend prior to the first production before a Magistrate vitiates the arrest. Such non-compliance entitles the accused to bail, and the burden to prove compliance lies on the investigating agency.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
