One useful takeaway
- The SC in Vihaan Kumar v. State of Haryana (2025) ruled that arrested persons must be directly informed of the grounds of arrest, rather than just their relatives.
ARTICLE PREVIEW
Gist In Vihaan Kumar v. State of Haryana 2025 , the Supreme Court ruled that police must directly and meaningfully inform an arrested person of the grounds for their arrest to satisfy constitutional requirements. The judgment clarifies that communicating these details solely to relatives or maintaining ambiguous records is insufficient, setting a strong precedent against the arbitrary exercise of state power. Background Article 22 of the Constitution, read with Section 50 of the Criminal Procedure Code CrPC —now Section 47 of the Bharatiya Nagarik Suraksha Sanhita BNSS , 2023—provides procedural safeguards for arrested persons, including the right to be informed of the grounds of arrest and the right to legal representation. Historically, police have sometimes treated this requirement as a mere formality by vaguely informing the accused's relatives. Previously, the landmark Arnesh Kumar v. State of Bihar 2014 guidelines attempted to curb arbitrary police action by mandating that arrests be an exception rather than a rule for offences carrying a punishment of less than seven years. Key Pointers - Procedural Invalidity: An unconstitutional initial arrest taints the entire process, rendering…
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