The Orissa High Court has stressed that informing an accused of the grounds of arrest is not a mere procedural step but a mandatory constitutional safeguard, reinforcing the importance of due process in criminal law.
The ruling came from a single-judge bench of Justice Gourishankar Satapathy while granting bail to five individuals accused in a cybercrime case, citing serious lapses in arrest procedures.
Arrest Procedure Not a Formality
The court observed that authorities failed to provide written grounds of arrest to the accused either immediately after detention or before presenting them in court. It noted that such omissions violate both statutory and constitutional requirements.
Referring to provisions under the Bharatiya Nagarik Suraksha Sanhita (Sections 47 and 48) and Article 22(1) of the Constitution, the court clarified that these are binding obligations—not optional formalities.
Justice Satapathy emphasized that the right to be informed of the reasons for arrest is both a statutory and fundamental right, adding that personal liberty cannot be compromised without strict adherence to due process.
Bail Granted Due to Procedural Lapses
The case originated from an FIR registered on January 8, 2026, by the Cyber Crime and Economic Offences Unit in Cuttack. The accused were alleged to have opened fake business accounts using unsuspecting individuals’ credentials and routed illegal funds through them.
However, noting “absolute non-compliance” with mandatory arrest procedures, the court granted bail to all five accused. Each was ordered to furnish a bond of ₹50,000 along with one solvent surety, subject to conditions set by the trial court.
Reinforcing Civil Liberties
The judgment underscores a key principle of criminal justice: procedural safeguards are essential to protect individual liberty. By reiterating that legal requirements during arrest must be strictly followed, the court has reinforced accountability among law enforcement agencies and strengthened protections for accused persons under Indian law.
