Arrest Is a Serious Constitutional Action Not a Routine Police Ritual

Reacting to the recent order of the Saket District Court reaffirming the mandatory nature of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Dr. Anthony Raju has expressed strong and principled views on the sanctity of arrest procedures under criminal jurisprudence.

Arrest Is a Serious Constitutional Action Not a Routine Police Ritual

Dr. Raju states that the power to arrest is one of the most drastic powers entrusted to the State. It directly affects Article 21, the right to life and personal liberty. Therefore, compliance with Section 35(3) BNSS is not optional, cosmetic, or procedural. It is constitutional in nature.

He emphasized that arrest without properly informing the accused of the specific grounds violates the spirit of natural justice. A mechanical arrest without issuance of mandatory notice in cases punishable below seven years is illegal and arbitrary. Investigating Officers cannot treat statutory safeguards as mere paperwork.

On Mandatory Notice Under Section 35(3) BNSS

Dr. Raju strongly supports the Saket Court’s reaffirmation that notice must be served before arrest in applicable offences. The notice must be meaningful and understood by the accused. Reasons for bypassing notice must be recorded with clarity and application of mind.

According to him, Section 35(3) is a protection against misuse of arrest powers. It is a legislative recognition that liberty cannot be sacrificed for convenience.

On Investigating Officer’s Contradictions

Referring to the court’s observations on contradictions in the Investigating Officer’s version, Dr. Raju stated that when the prosecution falters in consistency and transparency, the arrest loses its legal sanctity. Courts must continue to scrutinize investigative conduct with constitutional vigilance.

He further stated that bail in such cases is not a concession. It is a restoration of balance when procedure is compromised.

Applicability Even in Sensitive Laws

Dr. Raju clarified that even in cases under special statutes such as the Protection of Children from Sexual Offences Act, 2012, procedural safeguards under BNSS continue to apply where the punishment threshold is below seven years.

He stated that serious allegations do not dilute procedural safeguards. The rule of law does not bend based on the nature of accusation.

Broader Legal Position

According to Dr. Raju, arrest must be the exception and not the rule. Liberty is the rule and incarceration pending trial is the exception. Investigating Officers must understand that procedural compliance strengthens prosecution and does not weaken it.

Concluding Statement

Dr. Anthony Raju states that the Saket Court has rightly reminded the system that personal liberty is the cornerstone of democracy. Arrest powers must be exercised with constitutional discipline, transparency, and accountability.