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Clause & Effect
by the Open Journal of Law & Policy

Latest · Criminal Law

Substance Over Form? The Supreme Court on Grounds of Arrest and the Limits of Technical Objections

Written grounds of arrest have become a powerful ground for bail. A new ruling asks what the accused actually knew, and whether he was prejudiced, before a technical lapse can free him.

5 min read

In recent years, the grounds of arrest have been one of the Supreme Court’s most reliable tripwires. Beginning with Pankaj Bansal and Prabir Purkayastha, the Court insisted that a person arrested must be told why, in writing, and that an arrest which skipped this step could not stand. A decision of 28 October 2026 asks a harder question: what is the rule for, and must every lapse in how the grounds were conveyed set the accused free? This commentary draws on a published report of the ruling, and readers should consult the judgment itself before relying on it.

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