A. Constitution of India, Article 22(1), 22(5) – Arrest – Detention – Communication of grounds to arrestee/ detainee – Right of -- Son of the appellant has been arrested for specific offences as mentioned in the grounds of arrest -- His case is governed by Clause (1) and not by Clause (5) of Article 22 -- However, under both the clauses, certain information has to be supplied to the person arrested and detained -- Under Clause (1), the ground for arrest has to be communicated to the person arrested -- Under Clause (5) the grounds on which the order of detention has been made has to be communicated to the person detained.

-- On learning about the grounds for arrest, the person concerned will be in a position to make an application before the appropriate Court for bail, or move the High Court for a writ of habeas corpus. Further, the information will enable the arrested person to prepare his defence in time for the purposes of his trial. For these reasons, it has been provided by the Constitution that, the ground for the arrest must be communicated to the person arrested as soon as possible.

-- For the purposes of Clause (1) of Article 22, it is not necessary for the authorities to furnish full details of the offence. However, the information should be sufficient to enable the arrested person to understand why he has been arrested. The grounds to be communicated to the arrested person should be somewhat similar to the charge framed by the Court for the trial of a case.

(Para 25-28)

B. Constitution of India, Article 22(1) – Arrest – Communication of grounds to arrestee – Right of -- If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest -- If he is arrested without a warrant, he must be told why he has been arrested -- If he is arrested for committing an offence, he must be told that he has committed a certain offence for which he would be placed on trial -- In order to inform him that he has committed a certain offence, he must be told of the acts done by him which amounts to the offence -- He must be informed of the precise acts done by him for which he would be tried; informing him merely of the law applicable to such acts would not be enough.

(Para 36)