The Orissa High Court has delivered a significant judgment emphasizing that informing the accused of the grounds of arrest is not an empty formality but a mandatory legal and constitutional requirement. The ruling came on Thursday while granting bail to five individuals accused in a cyber crime case, after identifying serious lapses in the arrest procedure.
Court Observations on Arrest Procedure
A single-judge bench of Justice Gourishankar Satapathy observed that there was no evidence in the affidavit, case diary, or record to show that a written copy of the grounds of arrest was furnished to the arrestees immediately after their arrest or at least two hours before their production before the magistrate or court for remand proceedings.
The court highlighted the importance of statutory compliance, holding 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. “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,” Justice Satapathy stated.
Fundamental Right to Know Grounds of Arrest
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 offense(s). “This is not only the statutory right of the accused person, but also his fundamental right,” he added.
The arrest of the five accused followed the registration of an FIR on January 8, 2026, by the Cyber Crime and Economic Offences Unit in Cuttack. The matter was pending before the court of Additional Sessions Judge-cum-Special Judge (Vigilance), Cuttack, and the cognizance-taking court of Judicial Magistrate First Class-I, Cuttack.
Bail Granted Due to Non-Compliance
Taking note of the “absolutely no compliance” with the statutory and mandatory provisions, Justice Satapathy ruled that all five accused were entitled to bail. Each accused was directed to 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 filed separate bail applications and were granted bail include Rudra Madhab Mohapatra, Tapan Kumar Nayak, Pananga Narayan Dash, Smruti Ranjan Moharana, and Subhransu Sagar Patra. They are accused of being involved in 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.
“Since these five bail applications arise out of one and same case record, the same are heard together and disposed of by this common order,” the judge said.
