Arrest Can Become Illegal if Written Grounds are Not Supplied in Time:  Delhi High Court

Arrest Can Become Illegal if Written Grounds are Not Supplied in Time: Delhi High Court

The High Court has clarified that arrests may be rendered illegal if written grounds of arrest are not supplied to the accused within a reasonable time.

The Court observed that furnishing written grounds is a mandatory constitutional safeguard and cannot be substituted merely by oral communication or broad allegations.

Referring to protections available under Article 22(1) of the Constitution, the judgment emphasized that the accused must be properly informed of the specific reasons for arrest to effectively exercise legal remedies.

The Court stated that failure to comply with this requirement can vitiate the arrest and affect the legality of subsequent detention proceedings.

[Brijesh Kothia v. State NCT of Delhi]

Read Judgement / 2 hours ago

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