CUTTACK: In a significant ruling, the Orissa High Court has held that informing an accused of the grounds of arrest is not a mere formality but a mandatory constitutional and statutory obligation.
The single judge bench of Justice Gourishankar Satapathy gave the ruling while granting bail to five persons accused in a cyber-crime case, citing non-compliance with these essential safeguards.
The five bail applications arose from a single case involving allegations that the accused had opened fake business accounts using unsuspecting individuals’ mobile phones, debit cards and other electronic instruments. These accounts were allegedly used as mule accounts to channel illegal funds through multiple banking transactions. The case was registered on January 8, 2026, by the Cyber Crime & Economic Offences unit, Cuttack.
During the hearing Justice Satapathy found no material in the case diary, affidavit or records to indicate that the accused had been furnished with written grounds of arrest either immediately after their detention or prior to their production before the magistrate.
Emphasising the legal position, Justice Satapathy referred to Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Article 22(1) of the Constitution of India. The provisions mandate that an arrested person must be promptly informed of the reasons for arrest.