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Ground of Arrest

Under Article 22, Clauses (1) and (2) of the Indian Constitution, a person who is arrested for any offence under the ordinary law has the following rights: The first of these rights is the right to be informed ‘as soon as may be’ of the ground of arrest. This is necessary to enable the arrested person to know the grounds of his arrest and to prepare for his defence. Article 22 is in the nature of a directive to the arresting authorities to disclose the grounds of an arrest of a person immediately. The words used in Article 22(1) are ‘as soon as may be’ which means as nearly as is reasonable in the circumstances of a particular case. If the grounds of arrest are delayed, the same must be justified by ‘reasonable circumstances’

In a notable judgement of Jaginder Kumar v. State of Uttar Pradesh, 1994, the Supreme Court laid down guidelines governing the arrest of a person during the investigation. The Court has held that a person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the police officer affecting the arrest was necessary and justified.

The Court has laid down the following guidelines to be followed in making an arrest of a person:

These protections form power flow from Articles 21 and 22(a) of the Indian Constitution and must be thus, enforced strictly by the respective implementing authorities.

The court further directed that the Magistrate before whom the arrested person is produced must be satisfied himself that the requirements have complied. The court stated that these guidelines shall be followed in all cases of arrest till relevant legal positions are made in this behalf. Reasons for arrest shall also be recorded by the police officer in the case diary.

This judgement of the Supreme Court will protect innocent citizens from being arrested and harassed by the Police merely on the suspicion of complicity in an offence.

Apart from the constitutional provisions, the other provisions in this respect are:

Under Section 75 of the Cr. P. C., if a person is arrested under a warrant, the person arrested must be notified of the particulars of such warrant or even show the same, if needed, by the person executing it.

By Maahi Mayuri

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