Supreme Court Strengthens Safeguards for Arrested Persons

New Delhi, September 22, 2026 The Supreme Court on September 21 reinforced constitutional protections for arrested persons, ruling that the grounds of arrest must be communicated in writing and in a language understood by the accused. The requirement applies even when arrests are made under special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA). A bench of Justices Ujjal Bhuyan and Atul S. Chandurkar held that the safeguard under Article 22(1) applies irrespective of the nature or gravity of the offence. The court said, “The requirement of informing the arrested person of the grounds of arrest in the light of and under Article 22(1) is not a mere formality but a mandatory binding constitutional safeguard.” The ruling came while hearing a petition by Jaskaran Jeet Singh Deol, who was arrested in Punjab on May 17, 2026, in a case registered under the Bharatiya Nyaya Sanhita and POCSO Act. His initial arrest had been declared illegal for violating Article 22(1), after which he challenged an order allowing the police to seek his re-arrest. The bench rejected the argument that the seriousness of an offence could justify an exception to the constitutional safeguard. “It is not dependent on the nature or gravity of the offence, encompassing within its sweep all offences. It cannot be interpreted in a restrictive manner,” the court said. The Supreme Court also referred to its earlier ruling in Prabir Purkayastha v State (NCT of Delhi) concerning UAPA, which recognised an arrested person's right to receive the grounds of arrest in writing. The latest ruling further addresses safeguards surrounding re-arrest, underlining that personal liberty must remain protected through constitutional procedure.