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2026 INSC 1022 • Supreme Court of India

Jaskaran Jeet Singh Deol v. State of Punjab

“No Re-Arrest at Police Discretion After an Article 22 Breach: Judicial Sanction, Superior Endorsement and a Fresh Investigating Officer Required”

21 September 2026Justice Ujjal Bhuyan, Justice Atul S. Chandurkar
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TL;DR

The Supreme Court held that when an accused is released because the police breached Article 22(1) (failure to furnish written grounds of arrest) or Article 22(2) (production before a Magistrate beyond 24 hours), the investigating agency cannot re-arrest him at its own discretion. If it still wants custodial interrogation, it must apply to the Magistrate for custody, stating the reasons and necessity, the explanation for the earlier failure and after first furnishing the grounds of arrest; the application must carry the endorsement of the immediate superior authority, who must hand the investigation to another officer and order a departmental inquiry. The Court set aside the Punjab and Haryana High Court order of 29.05.2026 and the Magistrate's observations dated 18.05.2026, directed that Mihir Rajesh Shah and the procedure in paragraphs 24 to 25.1 and 36 of this judgment be followed, and said it had expressed no opinion on the merits of the accusation under the POCSO Act and the Bharatiya Nyaya Sanhita.

The Bottom Line

A person released from custody for breach of Article 22 is released from illegal and unconstitutional detention, not granted bail. The police cannot simply arrest him again, particularly not the same officers who violated the Constitution. Any re-arrest must have the judicial imprimatur of a Magistrate, after the grounds of arrest are furnished in writing, with an explanation for the lapse and the endorsement of a superior officer. The Court also left room for compensation by the High Court as a public law remedy where Article 22(2) is breached.

Case Timeline

The journey from FIR to Supreme Court verdict

event
9 May 2026

Alleged Victim Returns to Informant

The elder daughter returned to the company of the informant and narrated the alleged abuse by the appellant from October 2024.

filing
13 May 2026

FIR No. 73/2026 Registered

FIR registered at Mataur Police Station under Sections 64, 65(1) and 351 BNS read with Section 6 POCSO Act.

arrest
17 May 2026

Appellant Arrested

The appellant was arrested at about 07:54 am from his residence at Ludhiana, without written grounds of arrest being furnished.

order
18 May 2026

Production Before Magistrate and Release

The appellant was produced at about noon, beyond 24 hours of arrest. The Magistrate declared the arrest illegal for non-furnishing of written grounds and directed release, with liberty to the agency to proceed in accordance with law.

order
22 May 2026

Second Custody Application Dismissed

The Additional Chief Judicial Magistrate dismissed the fresh custody and remand application as not maintainable at that stage.

judgment
29 May 2026

High Court Dismisses Appellant's Petition

The Punjab and Haryana High Court in CRM-M-31323-2026 held that the agency could not be restrained from seeking warrants, re-arrest or custody.

order
27 Jul 2026

Supreme Court Grants Interim Protection

The Supreme Court directed that the appellant should not be arrested till the next date of hearing.

hearing
14 Aug 2026

State Reports Action Against Officers

The State informed the Court that the investigating officer ASI Gurtej Singh was suspended and SHO Rupinder Singh transferred to Police Lines.

hearing
1 Sept 2026

Hearing Concluded and Judgment Reserved

The matter was heard and judgment reserved, with interim protection continuing and the appellant directed to cooperate with the investigation.

judgment
21 Sept 2026

Supreme Court Delivers Judgment

The Court allowed the appeal, set aside the High Court order and Magistrate's observations, and laid down the procedure for re-arrest after breach of Article 22.

The Story

On 13.05.2026 the informant lodged a first information report at Mataur Police Station, SAS Nagar (Punjab), alleging that his wife had left him around October-November 2024 and started living with the appellant, Jaskaran Jeet Singh Deol, taking with her their two daughters, including the elder daughter (the alleged victim). On 09.05.2026 the elder daughter returned to the informant and narrated physical and sexual abuse by the appellant from 25-26.10.2024 onwards. FIR No. 73/2026 was registered under Sections 64, 65(1) and 351 of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act. The State stated that the victim's date of birth is 28.05.2010.

The appellant was arrested at about 07:54 am on 17.05.2026 and produced before the Judicial Magistrate In-Charge (Duty) at around noon on 18.05.2026, for a one-day police remand. The Magistrate noted that no written grounds of arrest had been given to the appellant, referred to Mihir Rajesh Shah v. State of Maharashtra, held the investigating agency had failed to comply with the mandate of law and directed immediate release as the arrest was illegal. She clarified that, if the agency found it necessary, it could apply for remand or custody with reasons and necessity after supplying written grounds and explaining the non-supply, and that the order did not preclude the agency from proceeding in accordance with law.

On the same day, the same Station House Officer, Rupinder Singh, who had caused the arrest, moved a fresh application for custody and remand giving grounds of arrest. The Additional Chief Judicial Magistrate dismissed it as not maintainable on 22.05.2026, noting that it was moved without supplying the grounds of arrest to the accused and before his arrest. Arrest warrants were nonetheless obtained on 23.05.2026 and again on 14.07.2026; the State said the appellant evaded arrest.

The appellant approached the Punjab and Haryana High Court under Section 482 of the Code of Criminal Procedure (Section 528 BNSS) in CRM-M-31323-2026, seeking quashing of the Magistrate's observations and orders restraining re-arrest, custody and remand, and warrants of arrest. By order dated 29.05.2026 the High Court dismissed the petition, holding that the investigating agency was not precluded from seeking re-arrest in strict compliance with the procedure established by law, that for illegal detention beyond 24 hours the appellant could take legal action against the defaulting officials, and that an accused of serious offences against a minor could not claim blanket immunity from future arrest.

The Supreme Court on 27.07.2026 directed that the appellant not be arrested, and on 06.08.2026 called for an affidavit on action taken against the erring officers. On 14.08.2026 the State reported that ASI Gurtej Singh, the investigating officer, was suspended and Inspector Rupinder Singh, the SHO, was transferred to Police Lines, with departmental inquiries under way. The matter was heard on 01.09.2026; interim protection continued, with a direction that the appellant appear before the investigating officer and cooperate with the investigation.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Can an accused who has suffered breach of both clauses (1) and (2) of Article 22 of the Constitution be re-arrested for the same offence, and if so, under what circumstances, in what manner and by what procedure?

Tap to reveal answer
1SC Answer

Re-arrest is not barred, but it cannot be left to the discretion of the very authority that violated Article 22. It requires an application to the Magistrate for custody with reasons and necessity, an explanation for the earlier non-compliance, prior furnishing of written grounds of arrest, and the endorsement of the immediate superior authority; the Magistrate must be satisfied that the grounds could not for bona fide reasons be furnished at the first instance and that re-arrest is needed.

Converts the procedure in Mihir Rajesh Shah (paragraph 65) into a safeguard against collusion and misuse by requiring superior-officer endorsement and a change of investigating officer.

2Question

What is the legal nature of release following a breach of Article 22(1), and is a breach of Article 22(1) subject to a prejudice test?

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2SC Answer

A person released for violation of Article 22(1) is not enlarged on bail; he is released from illegal and unconstitutional detention. When there is a violation of the Constitution, the question of prejudice or demonstrable prejudice does not arise. The Court held that Mihir Rajesh Shah states the correct law and that Sri Darshan and Sonam Raghuvanshi, to the extent they suggested procedural lapses do not ipso facto make custody illegal, were rendered before or on arrests preceding Mihir Rajesh Shah.

Settles the apparent discordance between Mihir Rajesh Shah and the later two-Judge bench decisions in favour of strict constitutional compliance.

3Question

What are the consequences of a breach of Article 22(2) (production before a Magistrate beyond 24 hours), and does the procedure for re-arrest and the remedy of compensation apply?

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3SC Answer

The same procedure as for a breach of Article 22(1) applies if the agency still wants custody after release for breach of Article 22(2). Depending on the facts, the High Court may also direct payment of compensation as a public law remedy, with liberty to the accused to avail his remedy under private civil law. The High Court was wrong to leave the appellant to proceed alone against the erring officers.

Extends the re-arrest safeguards to Article 22(2) and recognises public law compensation as part of the remedy.

4Question

Do the decisions on default bail in Sanjay Dutt and Rakesh Kumar Paul, which permit re-arrest after release for non-filing of the chargesheet, apply?

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4SC Answer

No. Those cases dealt with default bail for failure to file a chargesheet within the statutory period. The present case concerns violation of fundamental rights under Article 22(1) and (2), both at the threshold of arrest, which is a fundamentally different situation.

Prevents the default-bail line of cases from being used to dilute the consequences of an Article 22 breach.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Breach of Article 22(2) is an incurable breach that bars automatic re-arrest

Mr. Siddharth Agarwal, senior counsel for the appellant, submitted that the appellant was arrested at 07:54 am on 17.05.2026 and produced beyond 24 hours, in flagrant violation of Article 22(2). Relying on Khatri v. State of Bihar, Manoj v. State of Madhya Pradesh and Directorate of Enforcement v. Subhash Sharma, he argued that a person released for such breach cannot be automatically re-arrested by the same police force; otherwise a person could be detained illegally, released and instantly re-arrested.

Khatri v. State of Bihar, (1981) 1 SCC 627Manoj v. State of Madhya Pradesh, (1999) 3 SCC 715Directorate of Enforcement v. Subhash Sharma, 2025 SCC OnLine SC 240
2

Breach of Article 22(1) vitiates the arrest; re-arrest needs judicial sanction

The obligation to inform of the grounds of arrest is a fundamental right and not a procedural formality. Relying on Pankaj Bansal, Prabir Purkayastha, Vihaan Kumar and Mihir Rajesh Shah, the appellant argued that an unconstitutional arrest is vitiated, a chargesheet does not validate it, and an executive act of re-arrest cannot either. In Mihir Rajesh Shah, the Court did not give discretion to the agency to re-arrest but required an application before the Magistrate. Having used that route unsuccessfully on 22.05.2026, the agency could not obtain the same result through executive action.

Pankaj Bansal v. Union of India, (2024) 7 SCC 576Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254Vihaan Kumar v. State of Haryana, (2025) 5 SCC 799Mihir Rajesh Shah v. State of Maharashtra, (2026) 1 SCC 500
3

Compensation and accountability should not be left to the accused

Relying on Bhim Singh v. State of Jammu and Kashmir, it was argued that fundamental rights violated with impunity warrant public law compensation in addition to release, so the High Court erred in leaving it to the appellant to pursue legal action against the officers. The appellant offered to abide by any strict conditions the Court might impose.

Bhim Singh v. State of Jammu & Kashmir, (1985) 4 SCC 677

Respondent

State of Haryana

1

The offence is grave and there is no absolute bar on re-arrest

Mr. Rajat Bhardwaj, Additional Advocate General for Punjab, submitted that the allegations are extremely serious and attract the POCSO Act, and that the appellant was evading arrest and had antecedents. Relying on State of Karnataka v. Sri Darshan, State of Meghalaya v. Sonam Raghuvanshi and High Court decisions, he argued that no fetters can be placed on re-arrest if the investigation requires custody, that a lapse under Article 22(2) cannot yield blanket immunity, and that release for the violation and subsequent lawful arrest operate in distinct fields. He relied on Rakesh Kumar Paul on re-arrest after default bail.

State of Karnataka v. Sri Darshan, 2025 SCC OnLine SC 1702State of Meghalaya v. Sonam Raghuvanshi, 2026 SCC OnLine SC 1294Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67
2

Departmental action had been taken against the erring officers

The State stated that the failure to furnish written grounds was viewed as a grave administrative and procedural lapse. On a preliminary inquiry report dated 19.05.2026, a disciplinary order dated 20.05.2026 led to the suspension of ASI Gurtej Singh and the removal of Inspector Rupinder Singh as SHO, with a departmental inquiry, and the investigation was assigned to Inspector Amandeep Singh, the new SHO of Mataur.

3

The complainant: blanket restraint on re-arrest is not maintainable; compensation is the remedy

Mr. Gopal Sankaranarayan, senior counsel for the de facto complainant, argued that the prayers made before the High Court seeking carte blanche protection were not maintainable; that A.K. Gopalan, Ujagar Singh and V.S. Sundaram imposed no bar on re-arrest; that Bhim Singh showed the remedy for a person already at liberty is compensation; and that a ruling that a person can never be re-arrested would encourage mala fide or illusory arrests and defeat the victim's right to a fair trial, citing Asha Ranjan v. State of Bihar.

Asha Ranjan v. State of Bihar, (2017) 4 SCC 397Sanjay Dutt v. State, (1994) 5 SCC 410

Court's Analysis

How the Court reasoned its decision

The Court set out Article 22(1) and (2) and their statutory counterparts in Sections 50 and 57 of the Code of Criminal Procedure (Sections 47 and 58 of the BNSS), and surveyed Pankaj Bansal, Prabir Purkayastha, Vihaan Kumar and Mihir Rajesh Shah. From these it drew the core principles on Article 22(1): written grounds, in a language the accused understands, furnished as a matter of course and without exception; the requirement is not statute-specific and not a mere formality; breach vitiates arrest and remand and mandates release; no chargesheet or cognizance cures it; and prejudice is irrelevant where the Constitution is violated. The Court reconciled Sri Darshan and Sonam Raghuvanshi by noting that each preceded or concerned an arrest before Mihir Rajesh Shah, which states the correct and binding law. Endorsing the course in paragraph 65 of Mihir Rajesh Shah, it strengthened it: re-arrest must have judicial imprimatur, not be left to the discretion of the same authority that violated the provision; the application must include reasons, necessity and the explanation, can be moved only after furnishing grounds, and must be endorsed by the immediate superior authority; on the administrative side the superior must hand over the investigation to another officer and direct a departmental inquiry. For Article 22(2), the Court reviewed Bhim Singh, Manoj and Subhash Sharma, held that detention beyond 24 hours without production is illegal, rejected the State's reliance on default-bail cases, and applied the same re-arrest procedure with the added possibility of public law compensation. It closed by stressing that violation of a constitutional provision does not depend on the gravity of the offence.

When an accused is released for violation of his fundamental rights under Article 22 (1), he is not enlarged on bail. He is released from illegal and unconstitutional detention.

Para 23

Distinguishes release for a constitutional breach from bail, which bears on later re-arrest and bail conditions.

When there is violation of the Constitution, question of prejudice or demonstrable prejudice does not arise.

Para 23

Rejects the prejudice-oriented test for breach of Article 22(1).

It must have the judicial imprimatur.

Para 25

Requires that any re-arrest after an Article 22(1) breach be authorised by the Magistrate and not decided by the police.

shall hand over the investigation of the case to another officer, further directing departmental enquiry for such a serious lapse.

Para 25.1

Adds an administrative safeguard: the superior authority must reassign the investigation and order inquiry before endorsing the custody application.

the High Court may direct payment of compensation as part of the public law remedy in a case of violation of Article 22(2) of the Constitution

Para 36

Recognises public law compensation as a remedy for breach of the 24-hour production requirement.

It is not dependent on the nature or gravity of the offence, encompassing within its sweep all offences.

Para 37

Responds to the argument that grave allegations under POCSO should dilute Article 22 safeguards.

Allowed

The Verdict

Relief Granted

The appellant obtained quashing of the High Court order and the Magistrate's clarification, and protection from re-arrest at the discretion of the police; any custody now requires the prescribed judicial process. The interim protection and the direction to cooperate with the investigation were recorded in earlier orders.

Directions Issued

  • If the respondents consider custodial interrogation of the appellant necessary, they must follow Mihir Rajesh Shah read with paragraphs 24 to 25.1 and paragraph 36 of this judgment
  • The application for custody must state the reasons for re-arrest and its necessity and the explanation for non-supply of grounds of arrest at the first instance, and can be moved only after the grounds of arrest are furnished to the accused
  • The application must have the endorsement of the immediate superior authority, who must hand over the investigation to another officer and direct departmental inquiry; the Magistrate decides expeditiously, preferably within a week, following natural justice
  • The Court expressed no opinion on the merits of the accusation against the appellant
  • A copy of the judgment is to be circulated to all Directors General of Police of the States and Union Territories, the Registrars General of the High Courts and the Directors of State Judicial Academies

Key Legal Principles Established

1

Article 22(1) requires that grounds of arrest be communicated in writing, in a language the arrestee understands, as a matter of course and without exception, for offences under all statutes.

2

Breach of Article 22(1) vitiates the arrest and remand and entitles the arrestee to immediate release; a later chargesheet or order of cognizance does not validate it.

3

Where the Constitution is violated, the question of prejudice does not arise; the gravity of the offence does not dilute the safeguard.

4

A person released for breach of Article 22 is released from illegal detention, not enlarged on bail.

5

After such release, the power to re-arrest must not be left to the discretion of the authority that violated Article 22; it requires an application to the Magistrate and the Magistrate's sanction.

6

The custody application must give reasons and necessity, explain the earlier non-supply of grounds, be filed only after furnishing the grounds, and carry the endorsement of the immediate superior authority.

7

On endorsement, the superior must transfer the investigation to another officer and direct departmental inquiry; adverse findings entail departmental action and an entry in the service book.

8

Detention beyond 24 hours without production before a Magistrate violates Article 22(2); the same re-arrest procedure applies and the High Court may award compensation as a public law remedy.

Key Takeaways

What different people should know from this case

  • If you are arrested, the police must give you the grounds of arrest in writing, in a language you understand.
  • You must be produced before a Magistrate within 24 hours of arrest, not counting travel time.
  • If these rights are violated, the court must release you; this is not the same as bail.
  • After such a release, the police cannot simply arrest you again. They must apply to the Magistrate, give reasons, explain their lapse and get a superior officer's endorsement.
  • The seriousness of the allegation does not allow police to skip these safeguards, and the Court expressed no view on whether the accusation itself is true.
  • Victims and complainants keep their right to a fair investigation; the investigation can continue and custody can be sought through the proper judicial process.

Frequently Asked Questions

The Court held that where an accused is released for breach of Article 22(1) or (2) of the Constitution, the police cannot re-arrest him at their own discretion. If custodial interrogation is still needed, they must move the Magistrate for custody with reasons, necessity and an explanation for the earlier lapse, after supplying written grounds of arrest and with the endorsement of the immediate superior authority. The High Court order and the Magistrate's observations of 18.05.2026 were set aside.
Re-arrest is not barred, but it needs the Magistrate's sanction. The agency must file an application after furnishing written grounds, give the reasons and necessity for re-arrest, explain the non-supply of grounds at first instance and obtain the superior officer's endorsement. The Magistrate should decide expeditiously, preferably within a week, after following natural justice.
No. The Court held that when an accused is released for violation of Article 22(1) he is not enlarged on bail; he is released from illegal and unconstitutional detention. The Court also held that the question of prejudice does not arise when the Constitution is violated.
That is a breach of Article 22(2) and renders detention beyond 24 hours illegal. The Court applied the same re-arrest procedure and added that, depending on the facts, the High Court may direct payment of compensation as a public law remedy, leaving the accused free to avail his remedy under private civil law.
No. The Court clarified that it had not expressed any opinion on the merits of the accusation against the appellant. The case concerned only the consequences of the breach of Article 22 and the procedure for any re-arrest.
The State informed the Court that ASI Gurtej Singh, the investigating officer, was suspended, SHO Inspector Rupinder Singh was transferred to Police Lines, and departmental inquiries were instituted against both. The investigation was reassigned to Inspector Amandeep Singh. The Court directed that its judgment be circulated to DGPs, High Court Registrars General and judicial academies.

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