Grounds of Arrest Must Be Clearly Conveyed to the Persons Taken Into Custody : Kerala High Court

The Kerala High Court has reaffirmed that informing an arrested person of the grounds of arrest is a constitutional requirement under Article 22(1) of the Constitution.

The law clearly states that in cases of arrest without warrant, the grounds of arrest need to be communicated.

The Court relied on the Supreme Court’s ruling in Vihaan Kumar v. State of Haryana & anr., stating that if grounds are not given in writing, the Investigating Officer or Agency must prove that legal requirements were followed.

Finding that these conditions were not met, the Court allowed the petition, stating the arrested persons “cannot remain in custody even for a second.”