UP DGP mandates communication of arrest grounds in writing to detainees
LUCKNOW, May 10 -- Uttar Pradesh director general of police (DGP) Rajeev Krishna has issued a state-wide circular directing officers to clearly communicate the grounds of arrest to every arrestee in writing and in a language they understand, warning that failure to comply could render the arrest illegal and lead to the person's release by courts.
The circular, issued from the DGP's office on May 2, 2026 and accessed by HT, was prompted by a Supreme Court direction in the matter of 'Manjit Singh versus the State of Uttar Pradesh', asking the state to ensure compliance with constitutional and statutory provisions on informing arrestees of grounds of detention.
The Supreme Court's intervention followed a series of Allahabad high court rulings in habeas corpus petitions decided on December 9, 2025, and March 3, 2026, which found that UP Police had repeatedly failed to communicate the grounds of arrest to persons taken into custody.
In the matter decided on March 3, 2026, the high court found that the petitioner had been illegally arrested since January 27, 2026 and held in jail for over three months without being informed of the grounds of his detention. The court declared the arrest and detention illegal and ordered his immediate release.
In a subsequent ruling in the matter of 'Manojit Kumar versus the State', decided on April 29, 2026, the high court again found illegal arrest and detention exceeding three months and imposed exemplary costs of Rs.10 lakh on the state government, to be paid to the petitioner within four weeks.
The circular notes these costs will be paid by the state at the first instance but recovered from the officers personally responsible.
In its rulings, the high court laid down three clear legal positions: first, that informing an arrestee of the grounds of arrest in writing is a constitutional mandate applicable to all offences under both the IPC, 1860, and the Bharatiya Nagarik Suraksha Sanhita, 2023; second, that the grounds must be communicated in a language understood by the arrestee; and third, that where communication at the time of arrest is not possible, it must be done at the earliest opportunity and at least two hours before production before a magistrate for remand. The court further held that failure to provide written grounds would render any subsequent remand illegal and entitle the arrested person to immediate release.
The DGP circular was accompanied by a communication from additional commissioner of police, Lucknow, Vinod Kumar Shahi, flagging a pattern of systemic non-compliance by field officers across multiple cases. The communication noted that the issue had been brought to the notice of the principal secretary (home) and the DGP, and referred to the Supreme Court's ruling in 'Prabir Purkayastha versus State' as well as an order of the Lucknow bench of the Allahabad high court, both of which reinforced the mandatory nature of the requirement. Despite this, field officers had continued to violate the provisions, necessitating fresh directions....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.