Supreme Court (SC) barred investigating agencies from re-arresting an accused on their own after the arrest has been declared illegal for violating the Article 22(1) of the Constitution.
Key Safeguards provided for re-arrest
- No automatic re-arrest after Article 22 breach: Magistrate’s sanction mandatory for re-arrest and grounds of arrest must first be furnished in writing to accused.
- Article 22 applies across the spectrum: Including offences under IPC or under special enactments.
- Magistrate can allow re-arrest: By assessing bona fide reasons and need for custody, giving decision preferably within one week by adhering to the principles of natural justice.
- Investigating agency must explain before a magistrate why grounds were not supplied initially.
- Immediate superior must endorse re-arrest plea: To rule out any foul play or collusion
- Investigation to be handed to another officer: Along with a departmental inquiry against erring officer.
About Article 22
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