Is re-arrest of an accused permissible after first arrest is vitiated by procedural irregularities?

Published on : 01 Nov 2025, 11:32 am 3 min read

Arresting an accused amounts to depriving him/her from personal liberty as guaranteed under Article 21 of the Constitution of India, 1950. In such circumstances, the requirement of informing an accused the grounds of arrest is not a procedural formality, but a constitutional requirement.

Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 [and Section 50 of the Code of Criminal Procedure (CrPC)] provide that an accused must be informed of the grounds of arrest. Hence, if an accused is arrested without warrant and is not provided with the grounds of arrest, the same shall amount to depriving their fundamental rights under Article 21 of the Constitution of India.

The Supreme