Supreme Court on Written Grounds of Arrest – Landmark Clarification (2025 INSC 1288)
Case: Mihir Rajesh Shah v. State of Maharashtra & Anr.
Bench: Justice Augustine George Masih
Date: 06 November 2025
The Supreme Court has delivered a landmark judgment reinforcing the constitutional safeguard under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—mandating that:
🔹 Every person arrested must be informed of the grounds of arrest in writing, in a language they understand, without exception.
Key Takeaways:
1. Written Grounds Mandatory: Oral communication is not sufficient. Written grounds must be furnished to the arrestee in the language they understand.
2. Applicability: The rule applies to all offences, whether under the BNS or special statutes like UAPA or PMLA.
3. Timeframe: In exceptional cases where immediate written notice is impractical (e.g., crime caught in the act), written grounds must still be supplied within a reasonable time and at least two hours before remand.
4. Consequences: Non-compliance renders the arrest and subsequent remand illegal and entitles the person to release.
5. Purpose: The Court emphasized that the safeguard is not procedural but fundamental, rooted in the right to personal liberty under Articles 21 and 22.
Legal Aesthetic Insight:
This judgment harmonizes constitutional rights with investigative practicality, striking a balance between individual liberty and effective law enforcement. It is now binding that no arrest—under any statute—can stand without written communication of reasons.
