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    Illegal Arrest under BNSS, 2023: Constitutional Limits, Written Grounds of Arrest, and the Continuing Relevance of Habeas Corpus Anil Kumar Mishra v. State of Madhya Pradesh & Others Neutral Citation: 2026:MPHC-GWL:442 Decision Date: 07 January 2026 Court: High Court of Madhya Pradesh, Bench at Gwalior Coram: Justice Gurpal Singh Ahluwalia & Justice Ashish Shroti I. Introduction: Arrest Power in the Post-BNSS Criminal Justice System The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a structural transformation of India’s criminal procedure. However, statutory transition does not imply constitutional dilution. The judgment of the Madhya Pradesh High Court in Anil Kumar Mishra v. State of Madhya Pradesh stands as a firm reminder that arrest remains a constitutionally regulated power , bounded by the guarantees of Articles 21 and 22(1) . This decision assumes particular importance as one of the earliest High Court rulings to comprehe...

  Supreme Court Upholds Fundamental Right to Be Informed of Arrest Grounds Author: Abhishek Jat, Advocate In a landmark ruling reinforcing constitutional protections against arbitrary detention, the Hon’ble Supreme Court of India has reiterated the fundamental right of every arrested individual to be informed of the grounds for their arrest. Delivered on February 7, this judgment underscores the significance of due process and procedural fairness as enshrined under Article 22(1) of the Constitution of India. The ruling emphasizes that any deviation from this constitutional mandate vitiates the arrest and can have significant legal consequences, including the grant of bail even in cases where statutory restrictions apply. A division bench comprising Justices Abhay S. Oka and N. Kotiswar Singh delved into the essential safeguards provided by Article 22(1) of the Constitution and the procedural requirements stipulated under the Code of Criminal Procedure, 1973 (CrPC). The Court ...