Bhuvneshwar: The Orissa High Court has directed the Director General of Police (DGP) and the State Home Department to ensure that all police officers are properly trained to provide written grounds of arrest to every person taken into custody. This move comes after the Court found repeated violations of legal safeguards that protect the fundamental rights of arrestees under the Constitution and criminal procedure laws.
Importance of Orissa High Court Arrest Directives
Under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—which replaced the old Section 50 of the CrPC—every person arrested must be informed of the legal reasons for their arrest.
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These written grounds help ensure transparency, protect citizens’ rights, and reduce arbitrary detention by law enforcement.
Court’s Findings: Violations by Police Officers
During bail hearings in a Nayagarh bank robbery case linked to July 2, 2025, the High Court noted clear lapses in arrest records. Police officers repeatedly failed to record the written reasons for arrests as required by law. The Court said these omissions undermine constitutional protections and essential procedural safeguards.
Orissa High Court Arrest Directives to Police Leadership
To correct these violations, the High Court — led by Justice Gourishankar Satapathy — instructed the state’s Principal Home Secretary and the DGP to:
- Train police personnel on mandatory arrest protocols.
- Ensure officers understand legal provisions under Article 22(1) and Section 47 of the BNSS.
- Improve compliance with procedures, especially in criminal cases, to avoid legal setbacks.
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