Court Affirms Mandatory Requirement of Informing Relatives of Arrest Grounds Under Constitutional and BNSS Provisions
In a significant ruling, the Kerala High Court, presided over by Justice Dr. Kauser Edappagath, granted bail to Ashique, who was implicated in a narcotics case, on the grounds that his arrest was rendered illegal due to the failure of the authorities to communicate the reasons for his arrest to his relatives. The judgment underscores the mandatory nature of informing not only the accused but also their relatives about the grounds for arrest, as stipulated under Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The court heard the bail application submitted by Ashique, who was accused number six in a narcotics smuggling operation involving MDMA, as per Crime No. 75/2025 of Palluruthy Police Station, Ernakulam District. The prosecution alleged that Ashique, along with other co-accused, conspired to smuggle narcotics and was found with a significant quantity of MDMA.
Ashique's counsel argued that despite his arrest being recorded following a production warrant, the mandatory requirement to inform his relatives about the grounds of arrest was not fulfilled, thereby rendering the arrest illegal. The court referenced several precedents, including Pankaj Bansal v. Union of India and Kasireddy Upender Reddy v. State of Andhra Pradesh, which have established that the failure to communicate arrest grounds to relatives invalidates the arrest.
Justice Edappagath noted that while the production warrant sufficed for informing Ashique of his arrest grounds, the requirement to communicate these grounds to his relatives remained unmet. Consequently, the court granted bail, stipulating conditions such as executing a bond, cooperating with the investigation, regular appearances before the investigating officer, and restrictions on leaving the state and contacting witnesses.
This judgment reaffirms the judiciary's commitment to uphold constitutional rights and procedural safeguards, ensuring that the enforcement of laws does not infringe upon individual liberties.
Bottom Line:
Requirement of informing a person of the grounds for arrest is mandatory under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Failure to communicate grounds of arrest to relatives renders the arrest illegal.
Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Ashique v. State of Kerala, (Kerala) : Law Finder Doc id # 2863145
