Grounds of arrest must be communicated in a language the arrestee understands

Bombay High Court Declares Arrest and Detention of Navneen Siyaram Sharma Illegal Failure to Communicate Grounds of Arrest in Understandable Language Violates Constitutional Safeguards

In a significant ruling, the Bombay High Court has declared the arrest and subsequent detention of Navneen Siyaram Sharma as illegal, citing non-compliance with constitutional safeguards and statutory provisions. The court found that the arresting authorities failed to communicate the grounds of arrest in a language comprehensible to the petitioner, thus violating Article 22(1) of the Constitution of India.

Navneen Siyaram Sharma was detained upon his arrival in India from Congo on August 4, 2025, under a Look Out Circular issued by the Sahar Police Station in connection with FIR No. 707 of 2024. The arrest grounds, communicated in Marathi, were not understood by Sharma, a resident of Kurukshetra, Haryana, who is not familiar with the language. The petitioner was subsequently remanded to police custody and later to judicial custody without being informed of the specific grounds of arrest in a language he could comprehend.

The bench, comprising Justices Bharati Dangre and Shyam C. Chandak, referred to Supreme Court precedents that emphasize the necessity of communicating arrest grounds in a manner comprehensible to the detainee. The court highlighted that the information provided to Sharma constituted "reasons for arrest" rather than "grounds of arrest," which are personal and specific to the accused.

The judgment underscored the distinction between general reasons for arrest and detailed grounds of arrest, which must be conveyed meaningfully to enable the accused to defend themselves effectively in remand proceedings. The court reiterated the constitutional mandate and legislative intent behind such provisions, aiming to safeguard individual liberty and ensure fair legal processes.

Consequently, the court declared the remand orders by the Metropolitan Magistrate as illegal and ordered the immediate release of Navneen Siyaram Sharma. This ruling reinforces the critical legal principle that procedural safeguards must be strictly adhered to in the process of arrest and detention, upholding the fundamental rights of individuals.

Bottom Line:

Arrest and Detention - Grounds of arrest must be communicated in a language the arrestee understands, in compliance with Article 22(1) of the Constitution of India and legal precedents.

Statutory provision(s): Article 22(1) of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35(3), Bharatiya Nyaya Sanhita, 2023 Sections 327, 125, 61(2), Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 Section 3(1)(c), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 58

Navneen Siyaram Sharma v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2810832