Arrest--Grounds of Arrest--Furnishing grounds on a separate document without any reference to it in the arrest memo does not satisfy this requirement on Separate Sheet Not Compliant With Article 22(1) and Section 36 BNSS Unless Expressly Referenced in Arr
Under Article 22(1) of the Constitution and Section 36 BNSS communicating grounds of arrest is a mandatory constitutional safeguard, not a formality. An arrest memo silent on grounds, combined with an unreferenced separate sheet lacking witness attestation, raises an irresistible inference that the grounds were prepared subsequently, vitiating the arrest. A mechanical remand order passed in such circumstances does not cure the constitutional infirmity.
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