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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...

Pre-Arrest Medical Examination and the 24-Hour Rule: Judicial Clarification by the Bombay High Court By Abhishek Jat, Advocate The Bombay High Court, in the case of Hanumant Jagganath Nazirkar v. State of Maharashtra (Writ Petition No. 54 of 2025), delivered a landmark judgment clarifying the legal position regarding the computation of the 24-hour period within which an arrested person must be produced before a magistrate. The Division Bench, comprising Justice M.S. Sonak and Justice Jitendra Jain held that the time spent in pre-arrest medical examination cannot be excluded from this statutory timeline, and any detention exceeding 24 hours without judicial authorization is illegal. Factual Background The petitioner, Hanumant Jagganath Nazirkar, a 58-year-old retired individual, was implicated in a case involving allegations of cheating, forgery, and dishonest misappropriation of a substantial sum. After the rejection of his anticipatory bail by both the High Court and subsequently the ...

  Supreme Court Upholds Fundamental Rights, Quashes Illegal Arrest in Landmark Ruling By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India delivered a powerful ruling in the case of  Vihaan Kumar v. State of Haryana , emphasizing the critical importance of adhering to constitutional safeguards during arrests and custodial procedures. The appellant, Vihaan Kumar, was arrested in connection with a financial fraud case under various sections of the Indian Penal Code (IPC), including Sections 409, 420, 467, 468, 471, and 120-B. The arrest, which took place on June 10, 2024, was challenged on the grounds that the appellant was not informed of the reasons for his arrest, a clear violation of his fundamental right under Article 22(1) of the Constitution. Article 22(1) mandates that every arrested person must be informed of the grounds of arrest “as soon as may be,” ensuring transparency and fairness in the arrest process. The appellant contended that this c...