Court holds violation of Article 21 and 22(1) of the Constitution and Sections 47, 48, and 62 of Bharatiya Nagarik Suraksha Sanhita, 2023 renders arrest illegal; directs police to adhere strictly to procedural safeguards in arrests.
The Orissa High Court, in a significant judgment dated August 31, 2026, has granted regular bail to Bikram Panda @ Bikram Kumar Panda, a former member of the Odisha Legislative Assembly, in connection with a high-profile murder case pending before the 3rd Additional District & Sessions Judge, Berhampur. The Court declared his arrest illegal on the ground of non-communication of the written grounds of arrest, thereby violating the constitutional safeguards enshrined under Articles 21 and 22(1) of the Constitution of India and statutory provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The case relates to the murder of a prominent victim on October 6, 2025, by two assailants on a motorcycle in Berhampur, Odisha. The deceased, a member of the Odisha State Bar Council, was shot at close range, and the investigation revealed a complex conspiracy allegedly involving the petitioner and several others, including a former mayor. The petitioner was arrested on October 22, 2025, and has remained in judicial custody since then.
The crux of the petitioner’s bail plea was that the arrest was illegal as he was not provided the written grounds of arrest at the time of arrest or immediately thereafter, a mandatory requirement under Articles 21 and 22(1) of the Constitution and Sections 47 and 48 of the BNSS, 2023. The arrest memo merely stated "In the strength of above noted case" under grounds of arrest, which the Court found to be vague and constitutionally inadequate.
The prosecution contended that the grounds were orally communicated to the petitioner in Odia and his refusal to sign the arrest memo does not invalidate the arrest. They also claimed that the petitioner’s father was informed telephonically and that the petitioner was implicated through substantial circumstantial evidence including call data records, CCTV footage, and statements of co-accused persons.
After extensive analysis, the Orissa High Court found the prosecution’s claim of communication unsubstantiated. The Court emphasized that the constitutional mandate requires effective communication of the grounds of arrest in writing and in a language understood by the arrested person. The Court relied heavily on recent Supreme Court judgments, including Vihaan Kumar v. State of Haryana and Mihir Rajesh Shah v. State of Maharashtra, which held that failure to communicate written grounds of arrest vitiates the arrest and mandates immediate release of the accused.
The Court held that while the investigation and charge sheet remain unaffected, the arrest of the petitioner was vitiated and directed his immediate release on bail subject to furnishing a bail bond and conditions to prevent harassment or intimidation of witnesses or the victim’s family.
Further, the Court observed that despite clear Supreme Court directives, police authorities continue to fall short in complying with procedural safeguards regarding arrests. The Court directed that a copy of the judgment be communicated to the Home Department and Director General of Police, Odisha, for strict adherence to constitutional and statutory mandates.
This judgment reaffirms the fundamental right of arrested persons to be informed promptly and specifically of the grounds of their arrest, thereby strengthening procedural safeguards against arbitrary detention in India.
Bottom Line:
Arrest under Bharatiya Nagarik Suraksha Sanhita, 2023 - Non-communication of written grounds of arrest to the accused constitutes a violation of Articles 21 and 22(1) of the Constitution of India, as well as Sections 47 and 48 of the BNSS, 2023, rendering the arrest illegal.
Statutory provision(s):
Articles 21 and 22(1) of the Constitution of India, Sections 47, 48, 58, 62 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 103(1), 61(2)(a), 111(2)(a), 238(a), 249(a), 3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 25(1)(a), 25(6), 27(1) of Arms Act, 1959
Bikram Panda @ Bikram Kumar Panda v. State of Odisha, (Orissa) : Law Finder Doc Id # 2970745
