Arrested persons must be told reasons in writing, says SC

Chandigarh (TIP)- In a significant judgment upholding the rights of accused persons, the Supreme Court on Thursday, Nov 6, es must provide the grounds of arrest in writing, in a language the accused understands, as soon as possible, regardless of the offence or statute under which the arrest is made.
“The right to be informed of the grounds of arrest is a fundamental and mandatory safeguard under Article 22(1) of the Constitution and applies to all offences, including those under the Bharatiya Nyaya Sanhita (BNS). The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands,” a two-judge bench led by Chief Justice of India BR Gavai and Justice AG Masih said. The apex court delivered the judgment while hearing a batch of appeals arising from the 2024 Worli BMW crash case in Mumbai, involving accused Mohir Rajesh Shah against the State of Maharashtra.
The court further clarified that in exceptional circumstances where it is not possible to supply written grounds immediately, they must be conveyed orally to the accused. “Even in such cases, written grounds must be furnished within a reasonable time and no later than two hours before production of the arrestee for remand proceedings before the magistrate,” the court said in its 53-page judgment, a copy of which was accessed by TNIE.
The top court held that the constitutional requirement of informing the arrestee of the grounds of arrest is mandatory in all offences under all statutes, including those under the Indian Penal Code, 1860 (now the BNS, 2023). It further clarified that non-compliance with this requirement would render the arrest and subsequent remand illegal, and the person would be entitled to immediate release.
Before pronouncing the verdict, the bench cited the landmark Prabir Purkayastha case, which held that the grounds of arrest must be conveyed in writing at the earliest possible opportunity—if not at the time of arrest, then within a reasonable time thereafter—for offences under all statutes. “In our view, it would ensure implementation of the constitutional rights provided to an arrestee as engrafted under Article 22 of the Constitution of India in an effective manner. Such clarity on obligation would avoid uncertainty in the administration of criminal justice. The ends of fairness and legal discipline therefore demand that this procedure as affirmed above shall govern arrests henceforth,” the bench said.