The right to be informed of the grounds of arrest in criminal proceedings as guaranteed by the constitutions of the South‐Asian states and the European convention on human rights

Abstract

As John A. Andrews1 has noted, ‘The extent to which human rights are respected and protected within the context of its criminal proceedings is an important measure of a society's civilisation.’ Personal liberty is a basic human right that can be seriously curtailed by arrest, which is the first step of criminal process in most legal systems. Whatever the nature of the offence involved, informing the grounds of arrest to the arrestee is important for the protection of personal liberty of individuals. In the South Asian region, India, Sri Lanka, Pakistan, Bangladesh and Nepal have all constitutionally guaranteed to their citizens a right to know the grounds of arrest. This article examines the nature and scope of these constitutional guarantees, and compares them with the corresponding guarantee of the European Convention on Human Rights with a view to ascertaining whether the guarantees of the South‐Asian constitutions are of acceptable international standard.