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Vihaan Kumar vs. State of Haryana & Anr. (SC)

52.00 5.20

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Code of Criminal Procedure, 1973–Sec. 50 [Corresponding Sec. 47 of BNSS, 2023]–Grounds of arrest–Plea of Police Officer that the grounds of arrest were explained to the appellant’s wife in detail–Acceptability–Contention is found an afterthought as no such contention has been filed before the High Court–Further, mentioning the grounds of arrest in the remand report is no compliance with the requirement of informing the arrestee the grounds of arrest as the police cannot divulge the details of the investigation to the accused till the final report is filed–Furthermore, the information about the arrest is completely different from information about the grounds of arrest–Mere information of arrest will not amount to furnish the grounds of arrest–Held, arrest of appellant was illegal on account of failure to communicate the grounds of arrest to the appellant as mandated by Art. 22(1) of Constitution.