​The Karnataka High Court recently addressed the applicability of the Supreme Court’s ruling in the Prabir Purkayastha case concerning the necessity of providing written grounds for arrest. In a decision dated December 1, 2024, Justice M. Nagaprasanna clarified that the Supreme Court’s mandate to furnish written grounds of arrest applies specifically to cases under the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA), and not to arrests made under the Indian Penal Code (IPC) or the Karnataka Control of Organised Crimes Act (KCOCA) .

This clarification came during the dismissal of a petition filed by John Moses D, also known as Madan Kumar, who challenged his arrest by the Criminal Investigation Department (CID) on the grounds that he was not provided with the reasons for his arrest in writing. The court held that, under Section 50 of the Criminal Procedure Code (CrPC), it is sufficient for the police to inform the accused of the fact of arrest without necessarily providing the detailed grounds in writing. The court emphasized that extending the requirement of written grounds to all arrests under cognizable offences could lead to excessive litigation and administrative burdens .

This stance contrasts with the Supreme Court’s ruling in the Prabir Purkayastha case, where the apex court declared that the failure to provide written grounds of arrest violated Article 22(1) of the Constitution, rendering the arrest and subsequent remand invalid. The Supreme Court emphasized that this requirement is a fundamental right and must be upheld in cases under UAPA and PMLA .

Additionally, the Kerala High Court has held that the Supreme Court’s decision in the Prabir Purkayastha case is not applicable retrospectively. This means that arrests made before the Supreme Court’s ruling are not automatically rendered invalid due to the non-provision of written grounds at the time of arrest .​

In summary, while the Supreme Court has mandated the provision of written grounds for arrest in cases under UAPA and PMLA, the Karnataka High Court has clarified that this requirement does not extend to arrests under IPC and KCOCA. Furthermore, the Kerala High Court has determined that the Supreme Court’s ruling does not apply to arrests made prior to its decision.​

Sources