The Supreme Court of India has directed law enforcement to inform all arrestees of the reasons for their arrest in writing for every offence. This directive emphasizes the constitutional requirement across all laws.
Supreme Court create uniform arrest procedures for all offenses
The decision made by a bench led by Chief Justice of India BR Gavai and Justice AG Masih. Their goal is to create uniform arrest procedures across the country. The court said that the reasons for the arrest must communicated in writing to the person arrested, in a language that the arrestee understands.
If this does not happen, the arrest and subsequent remand considered illegal. The court mentioned that non-compliance make the arrest and remand illegal, allowing the person to released.
If not written, mandates oral information
If the arresting officer cannot provide the written reasons at the time of the arrest or immediately after, they must share the information orally as soon as possible. However, the written reasons need to given within a reasonable timeframe, at least two hours before the arrestee appears for remand proceedings before a magistrate.
This requirement is based on the constitutional rights outlined in Article 22 of the Constitution of India. The bench pointed out that there had been no consistent or mandatory requirement for written communication of the reasons for arrest in all offences before now.
The Supreme Court believes that this clarity help ensure constitutional rights are effectively implemented, reduce uncertainty in the criminal justice system. It encourage fairness and legal discipline.
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