Truth that Matters. Stories that Impact

Truth that Matters. Stories that Impact

Politics

Kerala Police Face Scrutiny Over Arrest Procedure Lapses Under BNSS

The Kerala Police have come under sharp criticism from the judiciary and political circles for failing to adhere to statutory arrest protocols and Supreme Court directives. Procedural lapses in following the Bharatiya Nagarik Suraksha Sanhita (BNSS) have recently led to the grant of bail to accused individuals in two prominent cases.

What Happened

On August 10, 2026, Additional Chief Judicial Magistrate Mithun Gopi G.S. in Thiruvananthapuram granted bail to Hindutva ideologue T.G. Mohandas. The court determined that investigating officers failed to serve him a mandatory notice under Section 35(3) of the BNSS specifying the reasons for his arrest.

The police contended that the notice was withheld due to concerns that the accused might abscond, tamper with digital evidence, or influence the complainant. However, the court dismissed this argument, observing that no evidence supported such fears, especially since law enforcement located and searched the accused at his known residential address.

Mr. Mohandas had been arrested over allegations of publishing YouTube videos intended to breach public tranquility, incite unrest regarding protests at Jantar Mantar in New Delhi, and propagate offensive statements violating the dignity of women.

A similar procedural failure occurred in Kannur, where M.K. Ram, the primary accused in the alleged suicide of dental student R.L. Nithin Raj, was granted bail by Thalassery Principal Sessions Judge M. Manoj. The judge noted that mandatory arrest guidelines were not observed, though the police were permitted to execute a rearrest by following due process. The Kerala High Court subsequently criticized the handling Deputy Superintendent of Police (Dy.SP) and sought details regarding departmental and legal actions initiated against the officer.

Key Highlights

  • Mandatory Notice Omission: T.G. Mohandas secured bail because police failed to issue a notice outlining grounds for arrest under Section 35(3) of the BNSS.
  • Judicial Rejection of Police Defense: The court rejected claims that Mohandas posed a flight risk, citing his arrest at his verified home address.
  • High Court Scrutiny: The Kerala High Court censured a Dy.SP over procedural non-compliance in the arrest of Dr. M.K. Ram in Kannur.
  • Twin Legal Safeguards: Under Supreme Court guidelines and BNSS Sections 47 and 48, police must inform an arrested individual in writing of the grounds for arrest and immediately notify a nominated relative or friend.
  • Political Fallout: The handling and subsequent bail orders have prompted protests from BJP workers and criticism from sections of ruling political figures.

Why This Matters

Legal standards under the BNSS and Supreme Court rulings mandate strict adherence to arrest guidelines to safeguard individual constitutional rights. Section 47 of the BNSS requires that an arrested person be informed of the grounds of arrest and their right to bail in a comprehensible written format. Section 48 mandates prompt notification to a friend or relative.

Failure to satisfy these twin legal obligations before trial courts creates circumstances where courts must release accused individuals on bail, regardless of the severity of the alleged offense. The lapses also attract departmental and judicial scrutiny for the investigating officers involved.

What to Watch Next

In the case involving Dr. M.K. Ram, the court has allowed police the option to effect a rearrest strictly following legal protocols. Additionally, the Kerala High Court awaits information regarding disciplinary and legal measures taken against the Dy.SP who conducted the non-compliant arrest.

Frequently Asked Questions

Why was T.G. Mohandas granted bail?

The Thiruvananthapuram Additional Chief Judicial Magistrate granted bail because the investigating agency failed to provide him with a notice under Section 35(3) of the BNSS explaining the grounds for his arrest.

What are the primary arrest requirements under the BNSS?

Under Section 47 and Section 48 of the BNSS, along with Supreme Court guidelines, police must provide written grounds of arrest to the accused in a comprehensible manner and promptly inform a chosen relative or friend about the detention.

Can Dr. M.K. Ram be rearrested?

The Thalassery Principal Sessions Court noted that police may execute a rearrest provided all statutory guidelines and procedures are strictly observed.

Source: Based on reporting from The Hindu.