NEW DELHI: The Kerala high court, in its July 22 order, granted bail to a man arrested in an NDPS case after holding that merely informing the father of his live-in partner about his arrest did not satisfy the legal requirement of notifying a friend, relative or other person connected to the arrested individual.The court held that since the man and his live-in partner were not legally married and had allegedly been living together without her father’s knowledge, informing him could not be treated as compliance with the Bharatiya Nagarik Suraksha Sanhita (BNSS).How did the case begin?The applicant was arrested on June 11, 2026, in connection with a case registered by the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, alleging that he and another accused were found in possession of 6.031 grams of MDMA near Ernakulam South Metro Station. He later approached the Kerala high court seeking regular bail, according to the court order.Before the high court, the man’s counsel argued that although the grounds of arrest had been communicated to him, the police had failed to inform any of his relatives or other authorised person as required under the BNSS. The prosecution, however, maintained that the legal requirement had been complied with.During the hearing, it emerged that the applicant and the co-accused were live-in partners. The police had communicated the grounds of arrest of both accused to the father of the co-accused. The applicant, however, contended that he had no connection with her father and that the couple had been living together without the father’s knowledge.Why did the high court grant bail?Justice Kausar Edappagathnoted that the Supreme Court has repeatedly held that communicating the grounds of arrest to the arrested person is a mandatory constitutional safeguard under Article 22(1) and the BNSS. The court also referred to recent Supreme Court rulings which held that the grounds of arrest must also be communicated to the arrested person’s family members or relatives so they can make arrangements to secure legal assistance and seek the person’s release at the earliest opportunity.The court observed that while the police had informed the applicant about the grounds of arrest, they had only communicated the arrest to the father of the co-accused.“The father of the accused No.2 cannot be termed as a relative of the applicant, inasmuch as the applicant and the accused No.2 are not legally married,” the court said.The court further noted that there was nothing in the records to show that the applicant himself had instructed the police to inform the co-accused’s father about his arrest.“Hence, I am of the view that there is non-compliance of Section 48 of BNSS and the applicant is entitled to be released on bail,” Justice Edappagath held.The high court accordingly granted bail to the applicant on a Rs 1 lakh bond with two solvent sureties, subject to conditions including cooperating with the investigation, appearing before the investigating officer every Saturday, not influencing witnesses and not leaving Kerala without the trial court’s permission.What does Section 48 of the BNSS say?Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires the police to immediately inform a friend, relative or any other person nominated by the arrested individual about the arrest and the place where the person is being held. The provision is meant to ensure that someone close to the arrested person is aware of the detention and can promptly arrange legal assistance or take other necessary steps. It forms part of the procedural safeguards introduced to protect the rights of arrested persons and to promote transparency during the arrest process.
