The Orissa High Court has delivered a significant judgment emphasizing that informing an accused person of the grounds of arrest is not a mere procedural formality but a mandatory legal and constitutional requirement. The ruling came on Thursday as the court granted bail to five individuals accused in a cyber-crime case, citing serious lapses in the arrest procedure.
Court Observations on Arrest Procedure
A Single Judge Bench of Justice Gourishankar Satapathy observed that in the case records, including affidavits and case diaries, there was no evidence that written copies of the grounds of arrest were furnished to the arrestees immediately after their arrest or at least two hours before their production before the magistrate for remand proceedings. The court underscored that such compliance is essential to protect individual liberty.
Statutory and Constitutional Mandates
The High Court highlighted that the provisions under Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), along with Article 22(1) of the Constitution, are not optional. Justice Satapathy stated: “These provisions are not empty formality, but statutory duty cast on the authorities concerned because the liberty of a person is priceless and violation thereof cannot be compensated in terms of money.” The judge further emphasized that Section 47 of BNSS makes it imperative for the arresting officer to forthwith communicate to the arrestee the particulars of the offence(s), which is both a statutory right and a fundamental right of the accused.
Background of the Case
The five accused were arrested following the registration of an FIR on January 8, 2026, by the Cyber Crime and Economic Offences unit in Cuttack. The case involved opening fake business accounts using mobile phones, debit cards, and other electronic instruments of unsuspecting individuals, and subsequently routing illegal funds through such mule accounts. The matter was pending before the court of the Additional Sessions Judge-cum-Special Judge (Vigilance), Cuttack, and the Cognizance taking Court of Judicial Magistrate First Class-I, Cuttack.
Bail Granted to Accused
Taking note of the “absolutely no compliance” with the statutory and mandatory provisions, Justice Satapathy ruled that all five accused were entitled to bail. The court directed that each accused be released on bail upon furnishing bonds of Rs 50,000 with one solvent surety each, subject to conditions imposed by the trial court. The five applicants who were granted bail include Rudra Madhab Mohapatra, Tapan Kumar Nayak, Pananga Narayan Dash, Smruti Ranjan Moharana, and Subhransu Sagar Patra.
Common Order for Multiple Applications
Since the five bail applications arose from the same case record, the court heard them together and disposed of them by a common order. The ruling reinforces the importance of procedural safeguards in arrests and serves as a reminder to law enforcement agencies to adhere strictly to legal requirements.
