Supreme Court mandates written grounds of arrest for all accused under any law
July 23, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Supreme Court mandates written grounds of arrest for all accused under any law

The Bench held that failure to comply with this directive would render the arrest and subsequent remand illegal, allowing the person to be set free

WEBDESKWEBDESK
Nov 7, 2025, 10:20 am IST
in Bharat, Law
Follow on Google News
A representative image- Supreme Court of India

A representative image- Supreme Court of India

FacebookTwitterWhatsAppTelegramEmail

Reinforcing the constitutional guarantee of personal liberty, the Supreme Court on Thursday ruled that every person arrested under any law must be furnished with the written grounds of arrest in a language they understand. The apex court made it clear that this constitutional requirement applies to all offences, under all statutes, including those under the Indian Penal Code, 1860 (now Bharatiya Nyaya Sanhita, 2023).

The judgment, delivered by a Bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih in the case Mihir Rajesh Shah vs State of Maharashtra, arising from the 2024 Mumbai BMW hit-and-run case, held that the mandate under Article 22(1) of the Constitution is not a mere formality but a fundamental safeguard of personal liberty.

“To achieve the intended objective of Article 22(1), the grounds of arrest must be communicated to the arrested person in each and every case without exception, and the mode of such communication must be in writing in a language the person understands,” Justice Masih wrote in the 52-page verdict.

The Supreme Court mentioned that Article 22(1) guarantees that a person under arrest must be informed “as soon as may be” of the reasons for their arrest. The court clarified that this provision is not a procedural nicety but an essential right, without which the concept of personal liberty under Article 21 becomes hollow.

The Bench observed that merely communicating the reasons in a language not understood by the accused does not meet the constitutional standard and renders the safeguard “illusory.”

Recognising that there may be rare circumstances where written communication may not be immediately possible, the court said that in “exceptional situations”, the grounds of arrest could first be conveyed orally but must be supplied in writing within a reasonable time, and in any case, not later than two hours before the arrestee’s production before a magistrate for remand proceedings.

The Bench held that failure to comply with this directive would render the arrest and subsequent remand illegal, allowing the person to be set free.

The case originated from the arrest of Mihir Rajesh Shah, accused in the Mumbai BMW hit-and-run case of July 2024, who had challenged his arrest on the ground that he was not informed in writing of the reasons for his detention. While the Bombay High Court had acknowledged procedural lapses, it upheld the arrest due to the gravity of the offence.

The Supreme Court, however, took a broader constitutional view, using the case to lay down an authoritative interpretation of Article 22(1), holding that personal liberty cannot be compromised based on the seriousness of the alleged offence.

Emphasising the dual importance of the directive, the top court observed that a written record of the grounds of arrest not only protects the rights of the arrestee but also safeguards law enforcement agencies.

Such written documentation would serve as evidence that due process was followed, especially if the legality of the arrest is later challenged in court.

The court has directed its registry to circulate copies of the judgment to all High Courts through their respective Registrars General and to Chief Secretaries of all States and Union Territories to ensure uniform compliance across the country.

The Bench made it clear that no investigating agency, whether police, ED, CBI, or others, is exempt from this constitutional obligation.

Topics: arrestArticle 22Personal LibertyWritten GroundsMihir Rajesh Shah CaseSupreme CourtFundamental Rights
ShareTweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

RSS and Vande Mataram: The Umbilical Cord of reverence to Bharat Mata through Patriotic songs

Next News

Chhattisgarh: Female Maoist carrying bounty of Rs 17 lakh surrenders before police

Related News

BJP Keralam vice president Adv. Shon George (Left)

Keralam: BJP’s Shon George says Supreme Court order vindicates party’s stand on Kerala Waqf Board

Supreme Court on Ram Mandir Fund Case: 'Don't Politicise It'

Ram Mandir Donation Case: Supreme Court rejects political colouring of a criminal case 

Kerala man arrested for masterminding an interstate drug trafficking network

Karnataka: Saudi murder convict Fazaluddin arrested as kingpin in drug menace; Police probe across the coastal belt

Andhra Pradesh-based pastor Chinthada Anand (Left)

Supreme Court dismisses Pastor Anand’s review petition; setback for crypto-Christian SC status claims

The Supreme Court has directed the Tamil Nadu government to consult the Union government on setting up Jawahar Navodaya Vidyalayas

Tamil Nadu: Supreme Court asks TVK government to consult Centre on Jawahar Navodaya Vidyalayas

Patiala House Court, remanded law students Prabal Pratap Singh and Chander Bhan to 14 days' judicial custody

Delhi Court sends two law students to 14-day judicial custody over Supreme Court disturbance case

Load More

Latest News

Former Politburo member Ma Xingrui

China expels Ma Xingrui in fresh politburo purge as Xi Jinping tightens grip amid mounting internal challenges

Caption : The Dakshina Moda ritual of Chariots in Puri Grand Road

Rath Yatra: Dakshina Moda completed; Puri prepares for grand Bahuda Yatra with crowd management measures

UP ATS raids TMC leader Abdullah Gazi's Bengal home

UP ATS raids TMC leader Abdullah Gazi’s Bengal home in foreign funding probe linked to madrasa construction

Congress Minority Front Leader Arrested for Allegedly Assaulting Dalit Youth in MP's Agar Malwa, Video Goes Viral

MP: Congress minority front leader Mansoori arrested for assaulting dalit youth in Agar Malwa; Video goes viral

Delhi CJP Protest: Controversial Public Personalities Who Joined the Jantar Mantar Agitation and Sansad Chalo March

How CJP protest drew controversial public personalities as the agitation expanded beyond student issues

NEET Scam: CBI Gets Court Nod for Fresh Handwriting Samples of Accused

NEET UG Paper Leak Case: Court permits CBI to take further handwriting specimens of Manisha Sanjay Hawaldar

BMS Foundation Day: Indianising the labour discourse, from conflict to confluence

Ram Temple to Be Guided by Nine Sants Inspired by Navadha Bhakti, CEO Decision Deferred

Ayodhya Ram Mandir to be guided by nine sants inspired by Navadha Bhakti, CEO decision deferred

Jantar Mantar Protest: Who Is Really Driving the Movement Beyond NEET?

One Stage, Different Actors & Many Agendas: Who is really protesting at Jantar Mantar? Know the demands beyond NEET

Delhi Protest has turned violent with CJP supporters hitting policemen and vandalising the property

Mob Rule on Delhi’s Streets: Police face coordinated attack; Vandalism and tear gas mark fresh clashes

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies