IndiaCourts
Supreme Court requires written reasons for arrest in understandable language
The Supreme Court ruled that arresting agencies must give an arrested person the grounds of arrest in writing and in a language they understand. It also said police need prior approval from a Judicial Magistrate before re-arresting someone released over a violation of Article 22(1).
A two-judge Supreme Court bench of Justices Ujjal Bhuyan and Atul Chandurkar ruled that investigating agencies must inform an arrested person of the reasons for arrest at the time of arrest, in writing and in a language the person understands.
The court referred to Article 22(1) of the Constitution and said no person can be detained without being informed of the reasons for arrest. It said this safeguard applies regardless of the nature or gravity of the offence, and that the requirement also applies to arrests under special laws.
The bench further said police must obtain prior approval from the concerned Judicial Magistrate before re-arresting a person who was released because of a violation of Article 22(1).
- Supreme Court
From
IndiaCourts
Supreme Court requires written reasons for arrest in understandable language
The Supreme Court ruled that arresting agencies must give an arrested person the grounds of arrest in writing and in a language they understand. It also said police need prior approval from a Judicial Magistrate before re-arresting someone released over a violation of Article 22(1).
A two-judge Supreme Court bench of Justices Ujjal Bhuyan and Atul Chandurkar ruled that investigating agencies must inform an arrested person of the reasons for arrest at the time of arrest, in writing and in a language the person understands.
The court referred to Article 22(1) of the Constitution and said no person can be detained without being informed of the reasons for arrest. It said this safeguard applies regardless of the nature or gravity of the offence, and that the requirement also applies to arrests under special laws.
The bench further said police must obtain prior approval from the concerned Judicial Magistrate before re-arresting a person who was released because of a violation of Article 22(1).
- Supreme Court
From