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 mandatory in every BNS/IPC case, and (b) whether non-compliance, even due to exigencies, vitiates the arrest. Appellants relied on Pankaj Bansal (2023) and Prabir Purkayastha (2024), arguing that written communication is constitutionally essential. The State countered that neither Article 22(1) nor BNSS specifies the mode; oral suffices, and precedents apply only to special statutes like PMLA/UAPA.

The Court, held that informing grounds of arrest is mandatory in every case, without exception, as a core safeguard under Article 22(1) and Article 21. It clarified that grounds must be in writing, in a language the arrestee understands, to enable meaningful defense and legal consultation.

However, recognizing practical constraints, the Court carved out limited exigencies (e.g., arrest in flagrante delicto or during pursuit): oral grounds may be given at the time of arrest, but written grounds must follow within a reasonable time—mandatorily at least 2 hours before the first remand hearing. This ensures counsel can prepare opposition.

Non-compliance renders the arrest and subsequent remand illegal, entitling release, though re-arrest is permissible upon supplying grounds and justifying delay. The Court harmonized Pankaj Bansal (ideal: writing), Prabir Purkayastha (no exception), and Vihaan Kumar (practicality), establishing a uniform rule: writing is the norm; oral is the rare exception, always followed by writing pre-remand.

Magistrates must verify compliance, ensure legal aid from the first appearance, and decide remand applications swiftly. The judgment applies across all statutes—BNS, IPC, or special laws—and directs circulation to High Courts and police authorities for implementation.

The appeals were disposed of on legal grounds, with interim bails continued. The ruling strengthens personal liberty, curbs arbitrary arrests, and sets a clear, enforceable standard for police and courts nationwide.

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