In a recent judgement Karnataka High Court in the case of Nanjunda Vs State of Karnataka laid down that Under Article 22(1) of the Constitution and Section 50 CrPC (now Sec. 47 BNSS 2023)Police must inform arrested persons of the grounds of arrest in writing.
Oral information alone is not enough unless followed by written grounds within a reasonable time.
This right protects personal liberty and ensures access to legal representation.However, courts have clarified that mere failure to provide written grounds does not automatically make the arrest illegal unless the accused proves actual prejudice or harm caused by that failure.
Thus this judgment effectively says that mere procedural delay is not sufficient and it should be accompanied with prejudice on behalf of the police!
