Arrest--Grounds of Arrest--Supply of Arrest Memo Containing Essential Factual Allegations Satisfies Constitutional Requirement of Communication of Grounds of Arrest Under Article 22(1)
The constitutional requirement under Article 22(1) of the Constitution to inform an arrested person of the grounds of arrest is satisfied where the arrest memo containing essential factual allegations forming the basis of arrest is supplied to the accused. No separate document distinct from the arrest memo is mandated. A distinction exists between "reasons for arrest" and "grounds of arrest" — the latter referring to essential factual allegations constituting the accusation. The mandate of Article 22(1) is meaningful communication of the substance of accusations, and not adherence to a rigid format.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
