Kerala High Court Declares Arrests Without Communicating Grounds Illegal [Read Judgment]

Kerala: The Kerala High Court has delivered a significant judgment declaring that arrests made without informing the arrested persons of the grounds of arrest are illegal, emphasizing that this requirement is not a mere formality but a mandatory constitutional obligation.

Justice Dr. Kauser Edappagath, in his judgment, ordered the immediate release of two individuals who were arrested without being informed of the grounds of their arrest, terming such detention a violation of Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The court was hearing two writ petitions (WP(Crl) Nos. 240 and 247 of 2025) filed by family members of persons arrested in separate cases. In the first case, the petitioner’s son was arrested on October 2, 2024, under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. In the second case, the petitioner’s daughter was arrested on February 6, 2025, on charges including offences under Sections 420, 409, and 120B of the Indian Penal Code, as well as various provisions of the Banning of Unregulated Deposit Schemes Act, 2019.

The court observed:
“The requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India, and inasmuch as the accused were not furnished with the grounds of arrest, their arrests were illegal and are liable to be set aside.”

Justice Edappagath further emphasized:
“Non-compliance with Article 22(1) of the Constitution constitutes a violation of the fundamental rights of the accused guaranteed under the said Article. It also amounts to a breach of the right to personal liberty guaranteed by Article 21.”

The court relied on recent Supreme Court judgments, including Pankaj Bansal v. Union of India (2024), Prabir Purkayastha v. State (NCT of Delhi) (2024), and Vihaan Kumar v. State of Haryana (2025), which reinforced that the constitutional mandate to inform an arrested person of the grounds of arrest is compulsory and not a procedural formality.

It was also held that where an accused alleges non-compliance with Article 22(1), the burden of proof lies with the investigating officer to demonstrate adherence. In both cases before the court, the authorities failed to produce any material to show that the grounds of arrest had been communicated, either orally or in writing.

“Failure to comply with the requirement of informing the grounds of arrest, as mandated under Article 22(1) of the Constitution, vitiates the arrest, and the person cannot be detained even for a second,” the court noted, citing the Supreme Court’s decision in Vihaan Kumar.

While ordering the immediate release of both accused, the court clarified that the judgment does not preclude the investigating agencies from initiating arrest afresh, in accordance with the law.

Senior Counsel P. Sreekumar and Advocate S. Rajeev appeared for the petitioners, while Special Public Prosecutor P. Narayanan represented the State.

Case Titles: Babu M vs. State of Kerala & Anr. and J Vijayalakshmi vs. Deputy Superintendent of Police & Anr.

[Read Judgment]