Failure to Inform Grounds of Arrest Renders Detention Illegal: Andhra Pradesh High Court Orders Immediate Release of Detenue

"Arrest Intimation Must Be Given ‘Forthwith’ – Any Delay Violates Fundamental Rights - In a decisive ruling Andhra Pradesh High Court struck down the remand order of an accused, declaring his arrest and detention illegal due to non-compliance with Section 47(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court observed that failure to serve arrest intimation at the time of detention is a fundamental violation of rights and renders the custody unlawful. Directing the immediate release of the detenue, the Court criticized the Magistrate’s failure to act upon the clear violation of legal procedure.

The petitioner, Motakatla Jhansi Vani Reddy, approached the High Court challenging the illegal detention of her husband, who was arrested on February 24, 2025, at 9:00 PM at Kaza Toll Plaza. He was produced before the III Additional Judicial Magistrate of First Class, Vijayawada, at 5:45 PM on February 25, 2025. However, the Magistrate refused the remand request, pointing out that:

• The remand report did not mention that the detenue was given intimation of his arrest.

• The alteration memo, which added new charges, was not reflected in the remand request.

Despite these lapses, the police resubmitted the remand report at 11:10 PM, stating that the detenue refused to receive the arrest intimation notice. Accepting this explanation, the Magistrate granted remand, a decision now challenged before the High Court.

"A Person Cannot Be Detained Without Being Clearly Informed of the Reasons for Arrest" – High Court Criticizes Police and Magistrate

The High Court examined the remand records and found that the detenue was not properly informed of the reasons for his arrest, violating Section 47(1) of BNSS, which mandates: “Every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.”

The Court noted that "forthwith" means immediately at the time of arrest, not at a later stage. The remand report contained no statement confirming that the detenue had refused to receive the arrest notice at the time of his detention. The Magistrate’s own observations confirmed that no proper arrest intimation was given, yet he failed to order the detenue’s release, instead allowing the police to rectify the error through a resubmitted report.

"Violation of Arrest Intimation Renders Custody Illegal" – Court Relies on Supreme Court Precedents

Referring to Prabhir Purkayastha vs. State (NCT of Delhi) (2024) 8 SCC 254, the High Court reiterated the Supreme Court’s position that failure to inform an arrested person of the reasons for their detention violates Article 22(1) of the Constitution and renders the arrest unlawful. The Court quoted the ruling:

"The requirement to communicate the grounds of arrest is sacrosanct and cannot be breached under any situation. Non-compliance with this constitutional mandate leads to the custody or detention being rendered illegal."

The High Court also referred to Pappula Chalama Reddy vs. State of Andhra Pradesh (2024 SCC OnLine AP 5532), where a Division Bench of the Court held that a remand order passed without proper compliance with arrest intimation procedures is unsustainable.

"Illegal Detention Cannot Be Justified by Later Compliance" – High Court Orders Release of Detenue

Striking down the remand order of February 25, 2025, the High Court ruled that the detention was unlawful from the outset. The Court held: "Once it is established that an arrested person was not informed of the grounds of arrest as mandated by law, further detention becomes illegal. The Magistrate’s failure to order release despite noting the non-compliance reflects a serious lapse in judicial application of mind."

Ordering the immediate release of the detenue, the High Court directed the Superintendent of District Jail, Nellore, to set him at liberty upon receipt of the order. The Court clarified that this ruling does not preclude the police from continuing their investigation or taking lawful action as per the law.

The Andhra Pradesh High Court’s ruling reinforces the fundamental right of every arrested person to be immediately informed of the charges against them. By striking down the remand order and declaring the detention illegal, the Court has set a strong precedent for the strict enforcement of procedural safeguards under BNSS and the Constitution.

Date of decision: 11/03/2025