Arrest--Ground of Arrest--Non-Communication of Grounds of Arrest at Time of Apprehension Renders Subsequent Remand Illegal
Non-communication of grounds of arrest at the time of apprehension is a violation of Article 22(1) of the Constitution and Section 47 of the BNSS. Once an arrestee raises this grievance, the burden shifts to the investigating agency to prove compliance. Failure to discharge this burden renders the arrest and all subsequent remand proceedings illegal. Filing of a chargesheet does not cure an unconstitutional arrest. Violation of Articles 21 and 22(1) is independently sufficient to grant bail, without reference to other considerations.
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