Allahabad High Court Records UP Government’s Assurance on Mandatory Disclosure of Arrest Grounds

The Allahabad High Court recently reinforced procedural safeguards relating to arrests under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, while declaring the arrest of a woman in Uttar Pradesh illegal. During the hearing, the Uttar Pradesh government assured the Court that police authorities across the State would strictly comply with constitutional and statutory requirements by informing every arrested person of the reasons and grounds of arrest.

The matter arose from a habeas corpus petition filed on behalf of Santosh Gupta, who challenged the legality of her arrest and remand in connection with allegations involving cheating, criminal breach of trust, and forgery under the Bharatiya Nyaya Sanhita. The petitioner argued that the arrest and subsequent custody violated mandatory procedural protections guaranteed under criminal law.

A Division Bench comprising Justice Abdul Moin and Justice Pramod Kumar Srivastava noted that the controversy was already covered by an earlier judgment of the Court in Manoj Kumar v. State of U.P. Relying on that precedent, the Bench declared the arrest illegal and set aside the remand order passed by the Chief Judicial Magistrate, Balrampur. The Court directed that the petitioner be released immediately, subject to her not being required in any other criminal matter.

During the proceedings, the State informed the Court that directions had already been circulated to senior police officials following the Supreme Court’s ruling in Mihir Rajesh Shah v. State of Maharashtra, mandating strict adherence to arrest safeguards under the BNSS. The High Court recorded the State’s assurance that arrests in Uttar Pradesh would henceforth strictly comply with constitutional protections and statutory procedure.