Non-mention of Exact Quantity of Seized Contraband in Arrest Grounds Not Mandatory

Source: High Court of Kerala

Why in News?

Dr. Justice Kauser Edappagath of the High Court of Kerala, in the case of Arun Kumar P. v. State of Kerala and Anr. (2026), held that mentioning the nature of the quantity of contraband — whether small, intermediate, or commercial — in the grounds of arrest notice is sufficient compliance with the mandate of law, even if the exact quantity is not specified. 

• The Court further held that the object of mentioning the quantity is solely to enable the accused to determine whether the offence is bailable or non-bailable, and that specifying the nature of the quantity serves this purpose adequately under Sections 47 and 48 of the BNSS, 2023.

What was the Background of Arun Kumar P. v. State of Kerala and Anr. (2026) Case? 

• The case before the Court was a bail application preferred by the petitioner, Arun Kumar P., who was arrested when found in possession of approximately 195 grams of MDMA.  
• A crime was registered against him under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 
• The petitioner contended that the mandatory requirement of communicating grounds of arrest as prescribed under Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with, rendering his arrest illegal and entitling him to bail. 
• The prosecution argued that all legal formalities had been duly complied with and that the alleged act was an intentional criminal act.

What were the Court's Observations? 

• The Court noted that prima facie there was material to connect the petitioner with the crime and proceeded to examine the question of alleged non-compliance with the mandate of communicating grounds of arrest. 
• The petitioner submitted that although the grounds and reasons of arrest were communicated to him and his relative, the notice made no mention of the quantity of contraband seized. The Court, however, noted that the notice specified the seized quantity as a commercial quantity. 
• The Court held that the object of mentioning the quantity is to enable the accused to identify whether the offence is bailable or non-bailable, and what the nature of the quantity is. If the grounds of arrest state that the quantity is small, intermediate, or commercial, that constitutes sufficient compliance with Sections 47 and 48 of the BNSS — even in the absence of the exact figure. 
• Finding that proper communication of the grounds of arrest had been made to the petitioner and his relative, the Court dismissed the bail application.

What is Section 47 of BNSS? 

Section 47 of BNSS — Person Arrested to be Informed of Grounds of Arrest and Right to Bail:

• Section 47 of BNSS, 2023 is similar to Section 50 of the Code of Criminal Procedure, 1973. 
• It places two distinct obligations on a police officer or any person making an arrest without a warrant.

Sub-section (1) — Communication of Grounds of Arrest: 

• The arresting officer must forthwith — immediately and without delay — communicate to the arrested person the full particulars of the offence or the grounds for arrest. 
• This is a statutory reflection of Article 22(1) of the Constitution of India, which guarantees that no person shall be arrested without being informed of the grounds of such arrest.

Sub-section (2) — Right to Bail: 

• Where the arrest is made in connection with a bailable offence, the arresting officer must inform the arrested person that he is entitled to be released on bail and may arrange for sureties on his behalf. 
• This obligation does not apply in cases involving non-bailable offences.

What is Section 48 of BNSS?  

Section 48 of BNSS — Obligation of Person Making Arrest to Inform About Arrest to Relative or Friend:

• Section 48 of BNSS, 2023 is similar to Section 50A of the Code of Criminal Procedure, 1973. 
• It casts a mandatory obligation on the arresting officer to inform a relative or friend of the arrested person about the arrest and the place of detention.

Sub-section (1) — Duty to Inform Relatives or Friends: 

• Every police officer or other person making an arrest must forthwith — immediately and without delay — give information regarding:  
  • the fact of arrest, and 
  • the place where the arrested person is being held. 
• This information must be given to any of the arrested person's relatives, friends, or such other persons as may be disclosed or nominated by the arrested person. 
• Information must also be given to the designated police officer in the district.

Sub-section (2) — Informing the Arrested Person of His Rights: 

• As soon as the arrested person is brought to the police station, the police officer must inform him of his right under sub-section (1) — that is, his right to have a relative or friend informed of his arrest.

Sub-section (3) — Entry in Station Record: 

• An entry must be made in a book kept at the police station recording the fact of who has been informed of the arrest. 
• The format of such book shall be as prescribed by the State Government by rules.

Sub-section (4) — Duty of the Magistrate: 

• When the arrested person is produced before a Magistrate, it is the Magistrate's duty to satisfy himself that the requirements of sub-sections (2) and (3) have been duly complied with. 
• This places an active supervisory obligation on the Magistrate — not merely a passive one.