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Showing posts from November, 2025

Grounds of Arrest must be Communicated in Writing

The Supreme Court of India, in Mihir Rajesh Shah v. State of Maharashtra (2025 INSC 1288) , delivered a landmark judgment on November 06, 2025, consolidating four matters to resolve a critical constitutional question: whether grounds of arrest must be furnished in writing in every criminal case, including those under the Bharatiya Nyaya Sanhita, 2023 (BNS 2023). The lead case arose from a fatal hit-and-run incident on July 07, 2024, in Mumbai, where appellant Mihir Shah, driving a BMW under the influence, struck a scooter, killed a woman by dragging her, and fled. Arrested two days later, he challenged his detention, claiming violation of Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), as grounds were not given in writing. The Bombay High Court upheld the arrest despite acknowledging the lapse, citing Shah’s awareness of the offense and evasion. The Supreme Court framed two questions: (a) whether written grounds are mandato...