13 Jun 2026 07:04 AM

Arrest--Grounds of Arrest Not Furnished--Non-Compliance with Article 22(1) Vitiates Remand and Justifies Bail Under BNSS

Communication of grounds of arrest in writing is a mandatory constitutional requirement under Article 22(1) of the Constitution. Non-compliance violates the right to personal liberty under Article 21 and renders the arrest and remand orders illegal. Before acting on the disclosure statement of an accused to effect recovery, a disclosure memo (panchnama) must be prepared at the police station in presence of two independent witnesses. A remand order passed on a mechanical printed proforma, without application of judicial mind, fails to ensure constitutional compliance.

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