Court Dismisses Bail Plea, Validates Communication of Arrest to Advocate under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Kerala High Court has reinforced the procedural requirements under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) concerning the communication of arrest details. The court dismissed the bail application of Nithin K.A and another accused, affirming that notifying the advocate of the arrestee satisfies the statutory mandate under Section 48 of BNSS.
The judgment was delivered by Dr. Kauser Edappagath, J., in the case of Nithin K.A v. State of Kerala, where the petitioners were implicated under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of 3 grams of MDMA intended for sale.
The petitioners' primary contention was the alleged non-communication of the grounds of arrest to their relatives, arguing that only their advocate was informed. This, they claimed, violated the statutory requirements under Section 48 of the BNSS and Article 22(1) of the Indian Constitution. However, the court noted that the grounds of arrest were duly communicated to the advocate nominated by the accused, fulfilling the statutory obligation.
The court highlighted that Section 48 of the BNSS mandates the information regarding an arrest to be given to a relative, friend, or any person nominated by the arrestee. In this case, the petitioners had nominated their advocate for such communication, and the statutory requirement was met.
Citing precedents, the judgment emphasized the established legal principle that while it is crucial to inform the arrestee and their family of the arrest grounds, the choice of nominee for this purpose lies with the arrestee. The court found no merit in the argument that failing to inform other relatives or friends renders the arrest illegal when the advocate has been duly notified.
The prosecution, represented by Senior Public Prosecutor Sri. V. Vinay, argued that the arrest was part of a deliberate criminal act and that the procedural requirements had been fully met. The court agreed, referencing the remand report that confirmed the petitioners' request for their advocate to be notified had been honored.
This judgment underscores the flexibility allowed under the BNSS for arrestees to nominate individuals, including legal representatives, to receive information about their arrest, thereby safeguarding their rights while ensuring procedural compliance.
Bottom line:-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 48 - Intimation of arrest to relative, friend, or nominee - When arrestee nominates advocate for intimation, service of notice on advocate satisfies statutory obligation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 48; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(b), 29.
Nithin K.A v. State of Kerala, (Kerala) : Law Finder Doc id # 2935846
