Context: The Supreme Court has recently (Vihaan Kumar Versus State of Haryana) said that if the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty.
Relevance of the Topic:Prelims: Key facts about Article 22.

Article 22 of Indian Constitution
- It provides protection against arrest and detention in certain cases.
- Article 22(1) states that: No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
Key points from the Judgement
The Supreme Court has ruled that failure to inform an arrested person of the grounds of arrest violates Article 22(1) of the Constitution, and will render the arrest illegal.
The safeguard provided under Article 22(1) ensures the right to liberty under Article 21 as no person can be deprived of liberty except through due process, which involves:
- Mandatory communication of grounds of arrest:
- Grounds of arrest must be clearly communicated in a language the accused understands.
- A written communication is recommended (as per the Pankaj Bansal case) to avoid legal disputes.
- Informing only in the remand report does not satisfy constitutional requirements.
- Informing relatives/nominated persons:
- As per Section 50A of CrPC, the accused’s relatives or nominated persons must also be informed promptly.
- This ensures timely legal assistance to secure bail or legal representation.
- Judicial scrutiny of arrests:
- When presented before a Judicial Magistrate for remand, the magistrate must ensure compliance with Article 22(1).
- Failure to do so invalidates the remand and continued custody of the accused.
- Burden of proof on Police:
- If non-compliance is alleged, the Investigating Officer/Agency must prove adherence to Article 22(1).
- Filing a charge sheet or order of cognizance cannot validate an unconstitutional arrest.
- Bail and immediate release:
- Courts must order the release of an accused if a violation of Article 22(1) is established.
- Even if statutory restrictions on bail exist, Article 21 takes precedence in such cases.
The above ruling reinforces that Article 22(1) is a fundamental right, not a mere procedural requirement. The judgment upholds the right to liberty and dignity, emphasising the constitutional obligation of law enforcement and the judiciary to protect individual freedoms.









