Supreme Court: Under which circumstances burden of proof would be on investigating officer that he has supplied grounds of arrest to accused?

 The learned Single Judge, unfortunately, has equated information given regarding the Appellant's arrest with the grounds of arrest. The observation that the allegation of non- supply of the grounds of arrest made by the Appellant is a bald allegation is completely uncalled for. All courts, including the High Court, have a duty to uphold fundamental rights. Once a violation of a fundamental right Under Article 22(1) was alleged, it was the duty of the High Court to go into the said contention and decide in one way or the other. When a violation of Article 22(1) is alleged with respect to grounds of arrest, there can be possible two contentions raised: (a) that the arrested person was not informed of the grounds of arrest, or (b) purported information of grounds of arrest does not contain any ground of arrest. As far as the first contention is concerned, the person who is arrested can discharge his burden by simply alleging that grounds of arrest were not informed to him. If such an allegation is made in the pleadings, the entire burden is on the arresting agency or the State to satisfy the court that effective compliance was made with the requirement of Article 22(1). Therefore, the view taken by the High Court is completely erroneous. {Para 31}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 621 of 2025.

Decided On: 07.02.2025

Vihaan Kumar Vs. State of Haryana and Ors.

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and N. Kotiswar Singh, JJ.

Authored By : Abhay Shreeniwas Oka, N. Kotiswar Singh

Abhay Shreeniwas Oka, J.

Citation: Citation: 2025 INSC 162, MANU/SC/0161/2025.

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