Can an accused who has suffered a breach of both clauses (1) and (2) of Article 22 of the Constitution of India be rearrested and if so, under what circumstances, in what manner and what is the procedure which is required to be followed?

JASKARAN JEET SINGH v STATE OF PUNJAB (Crl.A. No. 4234/2026)
Justice Ujjal Bhuyan and Justice Atul S Chandurkar

The Supreme Court held that disciplinary proceedings should be initiated against a police officer who arrested a person without furnishing the grounds of arrest in writing.
 The bench observed that the arrest of an accused becomes illegal if the grounds of arrest have not been furnished in writing as per the mandate of Article 22(1) of the Constitution.
 If the investigating agency wants to re-arrest a person whose initial arrest was declared illegal, it needs to first furnish the grounds of arrest and obtain the permission of the concerned Magistrate.
 On the administrative side, the police officer who failed to furnish the grounds of arrest will have to seek an endorsement from a superior authority for the further custody of the accused.
 The superior authority will have to assign the further investigation to another officer, and must direct departmental inquiry against the police officer.
 If on inquiry there are adverse findings against the police officer, it should entail departmental action with entry in the service book of the officer.

The Court summed up the core principles for Article 22(1) as follows :
1. The grounds of arrest must be in writing and in a language which is understood by the accused. A copy of the grounds of arrest has to be furnished to the arrested person as a matter of course without exception.
2. An accused has a fundamental and statutory right to be informed about the grounds of arrest in writing, and a copy of such written grounds of arrest has to be furnished to the arrested person as a matter of course, without exception, and at the earliest. Any attempt to encroach upon the fundamental rights under Article 22(1) of the Constitution has to be frowned upon by the Courts and has to be dealt with strictly, as it vitiates the process of arrest and remand.
3. Subsequent filing of chargesheet and order of cognisance will not validate such an arrest.
4. Article 22 applies across the spectrum, including offences under IPC or under special enactments. It is not statute specific nor it is a mere formality or a matter of procedure. It is a binding constitutional
safeguard. When there is a violation of the Constitution, a question of prejudice or demonstrable prejudice doesn't arise.
The Court further laid down the procedural safeguards as follows:
1. When it comes to the rearrest of the accused who is released from custody for breach of Article 22(1), if on re-release the investigating agency is of the opinion that, for furthering the course of investigation, it is necessary to have custodial interrogation of the accused, the investigating agency has to file an application before the concerned Magistrate for custody mentioning the reason for re-arrest of the accused, and necessity for the same.
2. The application will also contain the explanation for non-supply of the grounds of arrest at the first instance. However, this application can only be moved after furnishing the grounds of arrest to the accused.
3. To rule out any foul play or collusion, such an application must have the endorsement of the immediate senior authority. This is because the immediate senior authority should know that the concerned officer has committed an unbecoming act of violating constitutional provisions for which necessary remedial action should be taken.
4. On receipt of such application, the concerned Magistrate shall decide the same expeditiously and as directed in Mihir Rajesh Shah, preferably within a week of its submission by adhering to the principles of natural justice.
5. If the Magistrate is satisfied for bona fide reasons that the grounds of arrest could not be furnished to the arrestee at the first instance, but furnished subsequent to this release, and on further satisfaction that the accused needs to be re-arrested, he may pass an order permitting the investigating agency to re-arrest.
6. On the administrative side, when the superior authority is presented with an application taking an endorsement for the custody of the accused who has been released for violation of Article 22(1), he shall hand over the investigation of the case to another officer, further directing department inquiry for such a serious lapse. If the inquiry culminates in adverse findings against the police officer, it would entail departmental action with entry in the service book of the officer.

Therefore, violation of the Constitution or the constitutional provisions can't be countenanced. It has to be dealt with strictly. It is not dependent on the nature or gravity of the offence, and it can't be interpreted in a restrictive manner.
The Court has directed that a copy of this judgment should be sent to the Director Generals of Police in all States and Union Territories.

“Police Officer Who Arrests Without Furnishing Written
Grounds Must Face Departmental Enquiry”

Important Legal Words – Meaning & Example

News: Jaskaran Jeet Singh v. State of Punjab (Crl.A. No. 4234/2026)

1. Grounds of Arrest

Meaning: The specific legal and factual reasons for which a person is arrested.

Example: The police must furnish the grounds of arrest in writing in a language understood by the accused.

2. Article 22(1)

Meaning: A constitutional provision protecting the right of an arrested person to know the grounds of arrest and consult a legal practitioner of their choice.

Example: Failure to furnish written grounds of arrest violates Article 22(1) of the Constitution.

3. Article 22(2)

Meaning: A constitutional provision requiring an arrested person to be produced before the nearest Magistrate within 24 hours, excluding necessary journey time.

Example: The police must comply with Article 22(2) by producing the arrested person before the Magistrate within the prescribed time.

4. Re-arrest

Meaning: Arresting a person again after their previous arrest or release.

Example: The investigating agency must obtain the Magistrate's permission before re-arresting the accused in the circumstances specified by the Supreme Court.

5. Constitutional Safeguard

Meaning: A protection guaranteed by the Constitution to prevent the misuse of government power and protect individual rights.

Example: Informing the accused about the grounds of arrest is a mandatory constitutional safeguard.

6. Illegal Arrest

Meaning: An arrest made without lawful authority or in violation of legal or constitutional requirements.

Example: The Supreme Court held that failure to furnish written grounds of arrest renders the arrest illegal.

7. Remand

Meaning: A judicial order authorising the continued detention of an accused person in police or judicial custody.

Example: Violation of Article 22(1) may vitiate the process of arrest and remand.

8. Vitiate

Meaning: To make a legal act, proceeding, or decision invalid because of a serious legal defect.

Example: Non-compliance with constitutional safeguards may vitiate the arrest proceedings.

9. Chargesheet

Meaning: A formal police report submitted after an investigation, containing the allegations, evidence, and other required particulars of the case.

Example: Subsequent filing of a chargesheet cannot validate an unconstitutional arrest.

10. Cognisance

Meaning: The judicial act of taking notice of an alleged offence for the purpose of proceeding according to law.

Example: A subsequent order of cognisance cannot cure an arrest made in violation of Article 22(1).

11. Custodial Interrogation

Meaning: Questioning an accused person while they are in police custody for the purpose of investigation.

Example: The investigating agency sought permission for re-arrest because custodial interrogation was considered necessary.

12. Investigating Agency

Meaning: An authority legally empowered to investigate criminal offences and collect evidence.

Example: The investigating agency must furnish the grounds of arrest before applying for permission to re-arrest the accused.

13. Judicial Permission

Meaning: Formal approval granted by a competent court or judicial authority for a particular legal action.

Example: The police must obtain judicial permission before proceeding with re-arrest in accordance with the judgment.

14. Endorsement

Meaning: Formal approval, confirmation, or authorisation given by a competent authority.

Example: The application for re-arrest must carry the endorsement of the immediate senior authority.

15. Departmental Inquiry

Meaning: An internal investigation conducted by an organisation or government department into alleged misconduct by an employee.

Example: The superior authority must direct a departmental inquiry against the police officer who failed to furnish the written grounds of arrest.

16. Disciplinary Proceedings

Meaning: Formal proceedings initiated against an employee or official for alleged misconduct or violation of service rules.

Example: Disciplinary proceedings may be initiated against the police officer for violating constitutional safeguards.

17. Departmental Action

Meaning: Action taken by an employer or government department against an employee following a finding of misconduct.

Example: Adverse findings against the police officer may result in departmental action.

18. Adverse Findings

Meaning: Conclusions reached during an inquiry or proceeding that establish facts unfavourable to the person concerned.

Example: Adverse findings in the departmental inquiry may lead to action against the police officer.

19. Service Book

Meaning: An official record containing details of a government employee's service, including relevant disciplinary entries.

Example: The departmental action against the police officer may be entered in his service book.

20. Principles of Natural Justice

Meaning: Fundamental principles of fairness in legal and administrative proceedings, including the right to a fair hearing and the rule against bias.

Example: The Magistrate must decide the application for re-arrest by adhering to the principles of natural justice.

21. Bona Fide

Meaning: In good faith, honestly, and without an intention to deceive or act fraudulently.

Example: The Magistrate must examine whether bona fide reasons existed for the failure to furnish the grounds of arrest initially.

22. Collusion

Meaning: A secret or improper agreement between two or more persons to achieve an unlawful or dishonest purpose.

Example: The endorsement of the superior authority is required to rule out possible collusion in the re-arrest process.

23. Statutory Right

Meaning: A legal right created or recognised by legislation.

Example: The Court recognised the accused's fundamental and statutory right to be informed of the grounds of arrest.

24. Special Enactment

Meaning: A law enacted to regulate a particular subject or category of offences.

Example: The constitutional safeguards under Article 22(1) apply to arrests under general criminal law as well as special enactments, subject to the Constitution's express exceptions.

25. Demonstrable Prejudice

Meaning: Actual harm or disadvantage that can be established through evidence or circumstances.

Example: The Supreme Court held that an accused need not establish demonstrable prejudice when the mandatory constitutional safeguard under Article 22(1) has been violated.