Jaskaran Jeet Singh Deol v. State of Punjab
LOK 2026 (9) SC 213
Equivalent citations: 2026 INSC 1022
- Court
- Supreme Court of India
- Bench
- *Ujjal Bhuyan & Atul S. Chandurkar; JJ.
- Case No.
- Crl.A. No. 4234 of 2026
Counsel For Appellant(s): Mr. Siddharth Aggarwal, Sr. Adv. Mr. Yoginder Handoo, AOR Mr. D. S. Sobti, Adv. Mr. Ashwin Kataria, Adv. Mr. Sultan Singh Sangha, Adv. Mr. Karan Dhalla, Adv. Ms. Khushboo Mittal, Adv. Mr. Garvit Solanki, Adv. Mr. Gaurav Vishwakarma, Adv. Mr. Aditya Aggarwal, Adv. Mr. Japman Singh, Adv. Mr. Akshat Patria, Adv. For Respondent(s): Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Ajay Marwah, AOR Mr. Uday Jain, Adv. Mr. Rahil Mahajan, Adv. Mr. Aayushman Aggarwal, Adv. Mr./Ms. Indumugi C., Adv. Mr. Swaroopanand Mishra, Adv. Mr. Mrigank Bhardwaj, Adv. Mr. Rajkanwar Singh, Adv. Mr. Prabhjot Singh Waraich, Adv. Ms. Dhriti Sharma, Adv. Mr. Rahul Kumar, Adv. Ms. Shivani Singh, Adv. Mr. Ravideep Badyal, Adv. Mr. Ravi Shandil, Adv. Mr. Sainyam Bhadwaj, Adv. Mr. Rajat Bhardwaj, A.A.G. Mr. Siddhant Sharma, AOR Mr. Vikram Choudhary, Adv. Mr. Prafull Bhardwaj, Adv. Mr. Dushyant Choudhary, Adv. Mr. Snehil Himanshu, Adv.
Provisions referred
- Constitution of India — Articles 21, 22(1), and 22(2)
Headnote
Constitution of India — Articles 21, 22(1), and 22(2) — Safeguards Against Unlawful Arrest and Detention — Right to Written Grounds of Arrest and Production Before Magistrate Within 24 Hours — Re-arrest Procedures Following Release Due to Constitutional Infractions
Appellant was arrested in connection with FIR No. 73/2026 alleging offences under Sections 64, 65(1), and 351 BNS, 2023 read with Section 6 POCSO Act. Upon production before the Magistrate, he was ordered to be released immediately due to the failure of the police to furnish written grounds of arrest, violating Article 22(1) of the Constitution, Section 50(1) (now BNSS 47) Cr.P.C., and Section 47 BNSS, along with detention exceeding 24 hours in violation of Article 22(2). Subsequent application for custody filed by the police on the same day without supplying written grounds was dismissed. High Court dismissed appellant's petition under Section 482 (now BNSS 528) Cr.P.C. seeking restraint against re-arrest, holding that release due to procedural lapses does not grant blanket immunity from re-arrest in serious offences.
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