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Key Ruling in Vihaan Kumar vs. State of Haryana:
In the Vihaan Kumar vs. State of Haryana case, the Supreme Court ruled that it is unlawful for the police to arrest an accused person without providing legal grounds for the arrest. However, the court clarified that while the arrest may be invalid, the investigation, chargesheet, and trial will still hold.
Key Highlights of the Judgment:
Violation of Fundamental Rights: The failure to inform the accused about the grounds of their arrest violates their fundamental rights under Articles 21 and 22(1) of the Constitution.
- Article 21: No one can be deprived of their liberty except in accordance with a procedure established by law.
- Article 22(1): A person who is arrested must be informed of the reasons for their arrest immediately and has the right to consult with a legal practitioner of their choice.
Section 50A of CrPC (Section 47 of BNSS): The court emphasized the importance of informing the accused’s friends, relatives, or nominated persons about the grounds of arrest.
Bail Implications: Non-compliance with Article 22(1) can serve as grounds for granting bail, even overriding statutory restrictions.
Clear Communication of Grounds: The grounds for arrest must be communicated in a language that the arrestee understands.
Burden of Proof: The investigating officer or agency must prove that they complied with Article 22(1) if the issue is challenged.
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