UP DGP issues circular, orders officers to communicate grounds of arrest in writing to all detainees

Uttar Pradesh Director General of Police Rajeev Krishna issued a state-wide circular directing officers to clearly communicate the grounds of arrest to every arrestee in writing and in a language they understand, warning that failure to comply could render the arrest illegal and lead to the person’s release by courts. The circular notes the Supreme Court direction in Manjit Singh vs State of UP and outlines three legal positions: (1) informing an arrestee of the grounds in writing is a constitutional mandate under the IPC 1860 and the 2023 Bharatiya Nagarik Suraksha Sanhita; (2) the grounds must be communicated in a language understood by the arrestee; (3) if communication at the time of arrest is not possible, it must be done at the earliest opportunity and at least two hours before remand. It also states that failure to provide written grounds would render remand illegal and entitle the arrested person to immediate release. The circular is accompanied by a communication from Vinod Kumar Shahi, Additional Commissioner of Police, Lucknow, highlighting a pattern of systemic non-compliance across multiple cases and referencing Prabir Purkayastha vs State and a Lucknow bench order of the Allahabad High Court.

In Manojit Kumar versus the State, the High Court again found illegal arrest and detention exceeding three months and imposed exemplary costs of ₹10 lakh on the state government, to be paid within four weeks.

The High Court held that the petitioner had been illegally arrested since January 27, 2026 and detained for over three months without being informed of the grounds of his detention. The court declared the arrest and detention illegal and ordered immediate release.

Allahabad High Court, in habeas corpus petitions decided on December 9, 2025, found that Uttar Pradesh Police had repeatedly failed to communicate the grounds of arrest to persons taken into custody, highlighting non-compliance with constitutional and statutory provisions on informing arrestees of the reasons for detention.