AUTHOR NAME- Snehil Singh, B.A. L.L.B., Fifth Year.
NAME OF INSTITUTION: Babu Banarasi Das University, Lucknow
Citation: [2025] 2 S.C.R. 424 | Case Type: Criminal Appeal /621/2025 |
Date of Judgement: 07 February 2025 | Judgement by: Hon’ble Mr. Justice Abhay S. Oka, Hon’ble Mr. Justice N. Kotiswar Singh |
Petitioner: Vihan Kumar | Respondent: State of Haryana & ANR. |
Disposal: Appeal Allowed | Order/ Judgement: Judgement |
FACTS:
This case is related to the violation of the constitutional rights of the individual, basically concerning arrest procedures and the treatment of the individual in custody. On June 10, 2024, Vihan Kumar was arrested in his office in connection with an FIR containing offenses under sections 409, 467, 420, 468, and 471, which were read along with section 120- B of the Indian Penal Code. The petitioner has claimed that he was not informed about the grounds of his arrest during the process, and also, he was produced before the magistrate after 24 hrs. on 11 June 2024. When he was taken for the hospitalization in the custody, he was handcuffed during the whole process and was also chained to his hospital bed.
ISSUE RAISED:
- Whether the Failure to inform about the grounds of arrest to appellant before it has violated Article 22(1) of the constitution.
- Whether the delay caused in producing the appellant before the magistrate has violated Article 22(2) and Section 57 of CrPC.
- Whether the act of handcuffing and chaining the appellant to the hospital bed has infringed upon his fundamental Article 21 of the Constitution.
RULE OF LAW:
Both article 22(1) and 21 of the constitution state that the individual who has been arrested must be informed about its grounds before it is done, and another article says that the individual has the right to live with dignity and personal liberty, and no one can take it away.
REASONING:
The SC has observed that the appellant was not informed of the grounds for his arrest at that time, and the state also does not have any evidence to prove it wrong. The court has said that informing the ground of the arrest to the accused is compulsory, and if it’s not done, the arrest will be held illegal. Also, the act of handcuffing and chaining the appellant to the hospital bed during his examination was not good, and it violated its fundamental article- 21 under the Indian Constitution.
HELD:
The Supreme Court allowed the appeal, declaring the arrest of Vihaan Kumar illegal due to the violation of Article 22(1). The Court ordered his immediate release and directed the State of Haryana to issue guidelines to prevent future occurrences of such constitutional violations, including the inhumane treatment of detainees.
BIBLIOGRAPHY:
Case name- Vihaan Kumar v. State of Haryana & Anr. (Criminal Appeal No. 621 of 2025)
For the full Document click the mentioned link: https://digiscr.sci.gov.in/admin/judgement_file/judgement_pdf/2025/volume%202/Part%20II/2025_2_424-451_1740807820.pdf