The Supreme Court has ruled that every arrested person must be furnished written grounds of arrest in a language they understand, regardless of the nature of the offence whether under the Bharatiya Nyaya Sanhita (BNS) or any special statute.
The case arose from the arrest of Mihir Rajesh Shah in a 2024 Mumbai hit-and-run incident involving a BMW car that led to one fatality. Shah contended that his arrest was illegal as he was not informed in writing of the grounds for his detention, thereby violating his constitutional rights under Article 22(1) and procedural safeguards under Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Bench comprising Chief Justice BR Gavai and Justice Augustine George Masih, after analyzing precedents including Pankaj Bansal v. Union of India, (2024) 7 SCC 576, Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254, and Vihaan Kumar v. State of Haryana (2025) 5 SCC 799, held that:
• Grounds of arrest must be furnished in writing in every case, without exception.
• The written grounds must be provided in a language understood by the arrestee, ensuring effective comprehension.
• In exceptional cases, such as on-the-spot arrests where immediate written communication is impractical, oral communication is permissible, but a written copy must be supplied within a reasonable time, and not later than two hours before the remand hearing.
• Failure to furnish written grounds renders the arrest and subsequent custody illegal.
The Court noted that this safeguard is a fundamental right under Article 22(1), intrinsically linked to personal liberty under Article 21, and not merely a procedural formality. It emphasized that informing an arrestee of the grounds enables meaningful access to legal counsel and effective opposition to remand or bail proceedings.
The appeals were disposed with ongoing bail relief for appellants. The Court referred the judgment to all High Courts and State Chief Secretaries for compliance.
Cases referred to:
1. Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273
2. Joginder Kumar v. State of U.P. and Others, (1994) 4 SCC 260
3. Suhas Chakma v. Union of India and Others, 2024 SCC OnLine SC 3031
4. Ashok v. State of Uttar Pradesh, (2025) 2 SCC 381
5. Manubhai Ratilal Patel v. State of Gujarat and Others, (2013) 1 SCC 314
6. Lallubhai Jogibhai Patel v. Union of India and Others, (1981) 2 SCC 427
7. Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254
