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Written Grounds Of Arrest Mandatory Or Substantial Compliance Enough? Supreme Court Rulings Reveal Divergent Approaches

While some decisions have treated written grounds of arrest as mandatory, certain judgments have adopted a 'prejudice' test.

LiveLawNovember 12, 20261 min read

Written Grounds Of Arrest Mandatory Or Substantial Compliance Enough? Supreme Court Rulings Reveal Divergent Approaches

While some decisions have treated written grounds of arrest as mandatory, certain judgments have adopted a 'prejudice' test.

⚖️ Know your rights

If you or someone you know is arrested

You must be told the grounds of arrest, and you have the right to consult a lawyer of your choice (Article 22(1) of the Constitution).
You must be produced before a magistrate within 24 hours of arrest, excluding travel time (Article 22(2)).
Police must inform a relative or friend of your choice about the arrest and where you are held.
For offences punishable with up to 7 years, police should usually issue a notice to appear instead of arresting (Section 35, Bharatiya Nagarik Suraksha Sanhita).
A woman should not be arrested after sunset or before sunrise except in exceptional cases, with a magistrate's prior permission (Section 43(5), BNSS).

Free legal aid: NALSA helpline 15100 · Emergency: 112

General information, not legal advice. For your situation, contact free legal aid (NALSA 15100) or a lawyer. · All your rights

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