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.
By Shivang Dubey, Advocate, Chhattisgarh High Court
·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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Commentary, analysis and essays on developments in law, governance and public policy, covering the constitutional, international, and technological questions of the present century.