Written grounds for arrest must in all cases, rules SC

In an important verdict strengthening the constitutional guarantee for personal liberty, the Supreme Court on Thursday ruled that every arrested person must be provided with the grounds of the arrest in writing and in a language he understands irrespective of the nature of the offence or statute involved.

“In case(s) where the arresting officer/person is unable to communicate the grounds of the arrest in writing on or soon after the arrest, it (shall) be done orally. The said grounds (shall) be communicated in writing within a reasonable time and in any case at least two hours prior to the production of the arrestee for remand proceedings before the magistrate,” a Bench of CJI BR Gavai and Justice AG Masih said.

“In case of non-compliance, the arrest and subsequent remand will be rendered illegal and the person will be at liberty to be set free,” it said.

However, the Bench clarified that “on such release, an application for remand or custody, if required, will be moved along with the reasons and necessity for the same, after the supply of the grounds of arrest in writing setting forth the explanation for non-supply thereof within the above stipulated schedule. On receipt of such an application, the magistrate shall decide the same expeditiously and preferably within a week of submission thereof by adhering to the principles of natural justice.”

Earlier, the top court had ruled that supplying the grounds of the arrest to an accused under special laws such as the Unlawful Activities (Prevention) Act, 1967, and the Prevention of Money Laundering Act, 2002, was mandatory. Now, it has extended the requirement of providing the grounds of the arrest in writing to all offences under the Indian Penal Code/Bharatiya Nyaya Sanhita as well.

Writing the judgment for the Bench, Justice Masih said, “The requirement of informing the arrested person of the grounds of the arrest, in the light of and under Article 22(1) of the Constitution, is not a mere formality but a mandatory binding constitutional safeguard which has been included in…fundamental rights. Thus, if a person is not informed of the grounds of his arrest…, it would amount to violation of his fundamental rights, thereby curtailing his right to life and personal liberty under Article 21 of the Constitution, rendering the arrest illegal.”

The verdict came in Mihir Rajesh Shah vs state of Maharashtra case that arose from a high-profile Mumbai BMW hit-and-run incident of July 2024. Shah had challenged his arrest on the grounds that he was not given reasons for the arrest in writing as required by law. Although the Bombay High Court acknowledged the procedural lapse, it upheld the arrest, citing the gravity of the offence.

The top court directed its registry to send a copy of the judgment to all registrars general of high courts and the chief secretaries of all states and union territories. It said the verdict would ensure implementation of the constitutional rights provided to an arrestee as engrafted under Article 22 of the Constitution in an effective manner.