Supreme Court Reaffirms: Every Arrestee Must Be Informed of Grounds of Arrest — Vihaan Kumar v. State of Haryana

Introduction: Strengthening the Shield of Liberty

In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest.
Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest.

Case Background

The petitioner, Vihaan Kumar, challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention.
He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC), which together safeguard a person’s liberty during the process of arrest.

The respondent State maintained that the arrest was legally conducted and that the petitioner was orally informed of the grounds. However, the petitioner contended that mere oral communication is inadequate without a written acknowledgment or record.

Constitutional and Legal Framework

Article 22(1) – The Cornerstone of Personal Liberty

Article 22(1) guarantees that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest.”
This right is not a procedural formality—it is a substantive constitutional safeguard ensuring transparency and accountability in the arrest process.

Section 50 of the CrPC

Section 50(1) mandates that “Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.”
This statutory provision complements Article 22(1), creating a dual-layer protection mechanism.

Supreme Court’s Observations

The Court reiterated that the right to be informed of the grounds of arrest is an integral part of the right to life and personal liberty under Article 21, read together with Article 22(1).
Justice Oka emphasized that this right is not merely theoretical—it must be real, effective, and recorded.

The Court noted several deficiencies in existing police procedures, observing that in many cases, the arrestee is neither given written notice of the grounds of arrest nor provided a copy of the FIR. Such lapses, the Court stated, “strike at the very root of constitutional due process.”

Key Directions Issued by the Supreme Court

To ensure compliance, the Supreme Court issued comprehensive directives to all investigating agencies and State Governments:

  1. Written Communication Mandatory

    • Police officers must provide a written document containing the specific grounds of arrest to the accused at the time of arrest.

    • This document must be signed by both the officer and the arrestee, and a copy should be preserved in official records.

  2. Acknowledgment by the Arrestee

    • The accused must be given an opportunity to sign and acknowledge receipt of the arrest grounds.

    • If the person refuses, the officer must record the refusal in writing with a witness present.

  3. Digital Compliance Record

    • All arrests must be logged in the online police arrest registers, indicating the date, time, and method of informing the accused.

    • Supervisory officers must periodically audit these records.

  4. Judicial Oversight

    • Magistrates are directed to verify during the first remand hearing whether the arrested person was duly informed of the arrest grounds in writing.

    • Non-compliance may render the arrest unconstitutional and open to judicial scrutiny.

Court’s Rationale: Liberty Is the Rule, Detention the Exception

The bench underscored that personal liberty is the default constitutional state, and any deprivation of it must follow the strictest procedural safeguards.
The judgment quoted from earlier precedents such as DK Basu v. State of West Bengal (1997) and Joginder Kumar v. State of UP (1994), reiterating that police powers of arrest cannot override individual rights.

Justice Oka wrote:

“The communication of arrest grounds is not a symbolic act; it is a constitutional necessity. The written intimation ensures transparency, accountability, and protection against arbitrary detention.”

Significance of the Judgment

For Citizens

This ruling strengthens citizens’ procedural rights during arrest, making law enforcement accountable to constitutional mandates. It ensures that no individual can be deprived of liberty without full knowledge of the cause.

For Law Enforcement Agencies

Police departments across India are now required to revise Standard Operating Procedures (SOPs) to incorporate written arrest intimation as part of the formal arrest protocol.

For Judiciary

Magistrates play a pivotal oversight role, acting as the first line of defense against unlawful arrests. Their responsibility has now been expanded under this judgment to actively verify compliance.

Conclusion: A Step Toward a Transparent Justice System

The Supreme Court’s judgment in Vihaan Kumar v. State of Haryana marks a constitutional milestone in protecting the dignity of individuals against arbitrary state action.
By reinforcing the written communication of arrest grounds, the Court has deepened the democratic principle that “the rule of law is not just about punishment—it is about fairness.”

This decision serves as a reminder that freedom cannot exist without procedural integrity, and even a moment of unlawful detention is an affront to constitutional governance.


Location: Pune, Maharashtra, India

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