VIHAAN KUMAR versus STATE OF HARYANA & ANR.

Citation: [2025] 2 S.C.R. 424 · Decided: 06-02-2025 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 2 S.C.R. 424 : 2025 INSC 162
Vihaan Kumar 
v. 
State of Haryana & Anr.
(Criminal Appeal No. 621 of 2025)
07 February 2025
[Abhay S. Oka* and Nongmeikapam Kotiswar Singh,* JJ.]
Issue for Consideration
The main issue canvassed by the appellant in this appeal is the 
violation of the appellant’s right under Article 22(1) of the Constitution 
of India as the appellant was not informed of the grounds for his 
arrest.
Headnotes†
Constitution of India – Art.22(1) – Mandatory requirement 
under:
Held: [Per Abhay S. Oka, J.] The requirement of informing a 
person arrested of grounds of arrest is a mandatory requirement 
of Article 22(1). [Para 21(a)]
Constitution of India – Art.22(1) – What is the manner of 
informing the arrested person of his grounds of arrest:
Held: [Per Abhay S. Oka, J.] The information of the grounds of 
arrest must be provided to the arrested person in such a manner 
that sufficient knowledge of the basic facts constituting the grounds 
is imparted and communicated to the arrested person effectively 
in the language which he understands – The mode and method of 
communication must be such that the object of the constitutional 
safeguard is achieved. [Para 21(b)]
Constitution of India – Art.22(1) – The burden to prove the 
compliance of Article 22(1) is on Investigating Officer/Agency:
Held: [Per Abhay S. Oka, J.] When arrested accused alleges non-
compliance with the requirements of Article 22(1), the burden will 
always be on the Investigating Officer/Agency to prove compliance 
with the requirements of Article 22(1). [Para 21(c)]
* Author
[2025] 2 S.C.R. 
425
Vihaan Kumar v. State of Haryana & Anr.
Constitution of India – Art.22(1) and Art.21 – Non-compliance 
with the requirements of Article 22(1) vitiates the arrest of 
the accused:
Held: [Per Abhay S. Oka, J.] Non-compliance with Article 22(1) will 
be a violation of the fundamental rights of the accused guaranteed 
by the said Article – Moreover, it will amount to a violation of the 
right to personal liberty guaranteed by Article 21 of the Constitution – 
Therefore, non-compliance with the requirements of Article 22(1) 
vitiates the arrest of the accused – Hence, further orders passed 
by a criminal court of remand are also vitiated – Needless to add 
that it will not vitiate the investigation, charge sheet and trial – But, 
at the same time, filing of chargesheet will not validate a breach 
of constitutional mandate under Article 22(1). [Para 21(d)]
Constitution of India – Art.22(1) – Duty of the Judicial 
Magistrate:
Held: [Per Abhay S. Oka, J.] When an arrested person is 
produced before a Judicial Magistrate for remand, it is the duty of 
the Magistrate to ascertain whether compliance with Article 22(1) 
and other mandatory safeguards has been made. [Para 21(e)]
Constitution of India – Art.22(1) – Duty of the Court:
Held: [Per Abhay S. Oka, J.] When a violation of Article 22(1) is 
established, it is the duty of the court to forthwith order the release 
of the accused – That will be a ground to grant bail even if statutory 
restrictions on the grant of bail exist – The statutory restrictions do 
not affect the power of the court to grant bail when the violation of 
Articles 21 and 22 of the Constitution is established. [Para 21(f)]
Constitution of India – Art.22(1) – Code of Criminal Procedure, 
1973 – s.50 and s.50A – Bharatiya Nagarik Suraksha Sanhita, 
2023 – s.47 – Obligatory to inform about the arrest to the 
friends, relatives or persons nominated by the arrested person:
Held: [Per Nongmeikapam Kotiswar Singh, J.] The purpose of 
inserting Section 50A of the CrPC, making it obligatory on the person 
making arrest to inform about the arrest to the friends, relatives or 
persons nominated by the arrested person, is to ensure that they 
would able to take immediate and prompt actions to secure the 
release of the arrested person as permissible under the law – The 
arrested person, because of his detention, may not have immediate 
426
[2025] 2 S.C.R.
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and easy access to the legal process for securing his release, 
which would otherwise be available to the friends, relatives and 
such nominated persons by way of engaging lawyers, briefing them 
to secure release of the detained person on bail at the earliest – 
Therefore, the purpose of communicating the grounds of arrest 
to the detenue, and in addition to his relatives is not merely a 
formality but to enable the detained person to know the reasons 
fo

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