Arrest -- Grounds of Arrest --Non-Furnishing of Grounds in Writing -- Arrest becomes illegal and accused must be released
(i) Constitution of India, 1950, Art.22(1) -- Arrest -- Non-Furnishing of Grounds in Writing -- Grounds of arrest must be given to the arrested person in writing, in a language understood by him, as a matter of course and at the earliest -- Breach makes the arrest unconstitutional and entitles the accused to release, not bail -- Later chargesheet or cognisance does not cure the defect -- Rule applies to all offences, and prejudice need not be shown. (ii) Constitution of India, 1950, Art.22(1) -- Arrest -- Re-Arrest After Release for Breach of Grounds Requirement -- Investigating agency must first furnish the grounds of arrest and then apply to the Magistrate for custody, stating the need for re-arrest and the reason for earlier non-supply -- Application must carry the endorsement of the immediate senior authority -- Magistrate decides it expeditiously, preferably within a week, and may permit re-arrest only on bona fide reasons. (iii) Constitution of India, 1950, Art.22(1) -- Arrest -- Police Officer Failing to Furnish Grounds -- Superior authority, on receiving the endorsement application, must hand over the investigation to another officer and order a departmental inquiry -- Adverse findings entail departmental action with entry in the service book of the officer.
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