Vakil Help Desk News: the Patna High Court has held that the failure to communicate written grounds of arrest did not, by itself, vitiate the remand in the absence of demonstrable prejudice, and rejected a habeas corpus plea.
Vakil Help Desk News, Litigation & Courts. The Patna High Court has held that, on the facts before it, the failure to communicate the grounds of arrest in writing did not by itself make the subsequent remand illegal, because no demonstrable prejudice was shown — and it rejected a habeas corpus petition.
The principle, in plain words
An arrested person must be informed of the grounds of arrest — that is a basic safeguard. The question in this case was the effect of a lapse in doing so in writing. The Court took the view that, to upset a remand on this ground, the person must usually show that the lapse caused actual prejudice — for example, that it hampered the ability to seek bail or defend. Absent that, the remand was not vitiated.
What this means for you
Grounds of arrest must be communicated — but challenging a remand on a lapse usually needs showing real prejudice, not just the lapse itself. If you or a family member has been arrested, act quickly on grounds of arrest, remand and bail. We advise on arrest safeguards, remand and bail.