Supreme Court establishes that grounds of arrest must be provided in writing in all criminal cases, with exceptions only for flagrante delicto offences where written grounds must be supplied at least 2 hours before remand hearing
IS IT MANDATORY TO PROVIDE GROUNDS OF ARREST IN WRITING IN ALL CRIMINAL CASES, OR ARE THERE EXCEPTIONS?
YES, WRITTEN GROUNDS OF ARREST ARE MANDATORY IN ALL CASES. The Supreme Court has established that grounds of arrest must be provided in writing to the arrestee in all criminal cases. The only exception is for flagrante delicto offences where immediate written communication is impractical, but even in such cases, written grounds must be supplied within a reasonable time and at least 2 hours before the remand hearing.
Incident: BMW car accident in Worli, Mumbai leading to death of a woman
FIR Registration: FIR No. 378/2024 registered at Worli Police Station
Arrest: Mihir Rajesh Shah apprehended by police
Remand Proceedings: Appellant produced before Judicial Magistrate
High Court Judgment: Bombay High Court upheld validity of arrest despite procedural lapse
Supreme Court Intervention: Leave granted, legal questions framed
Landmark Judgment: Supreme Court establishes mandatory written grounds requirement
| Legal Right | Constitutional/Statutory Basis | Practical Application |
|---|---|---|
| Written Grounds of Arrest | Article 22(1), Section 47 BNSS 2023 | Must be provided in writing in understandable language |
| Information to Relative/Friend | Section 48 BNSS 2023 | Police must inform nominated person about arrest |
| Legal Consultation | Article 22(1) Constitution | Right to consult legal practitioner of choice |
| Production Before Magistrate | Article 22(2), Section 58 BNSS 2023 | Within 24 hours of arrest excluding journey time |
Fundamental right guaranteeing that no arrested person shall be detained without being informed of grounds of arrest and right to consult legal practitioner.
Statutory provision requiring police officer to forthwith communicate full particulars of offence and grounds of arrest to arrested person.
Latin term meaning "in the very act of committing a crime" - situations where person is caught red-handed committing offence.
Judicial process where arrested person is produced before magistrate who decides whether to grant police custody or judicial custody.
Legal requirement to communicate grounds of arrest immediately or as soon as possible after arrest.
"We hold that to achieve the intended objective of the constitutional mandate of Article 22(1) of the Constitution of India, the grounds of arrest must be informed to the arrested person in each and every case without exception and the mode of the communication of such grounds must be in writing in the language he understands."
This landmark judgment establishes that written communication of grounds of arrest is not just a procedural formality but a constitutional safeguard essential for protecting personal liberty. The Supreme Court emphasized that this requirement applies to all offences under all statutes, making no distinction between ordinary crimes and special statute offences.
The Court recognized only one limited exception - for flagrante delicto offences where immediate written communication may be impractical. However, even in such cases, written grounds must be supplied within a reasonable time and at least 2 hours before the remand hearing to ensure the arrested person has adequate time to consult legal counsel and prepare for the remand proceedings.
This judgment harmonizes the previous conflicting decisions in Pankaj Bansal, Prabir Purkayastha, and Vihaan Kumar cases, providing clear guidelines for law enforcement agencies while strengthening the fundamental rights of arrested persons.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This roadmap decodes a landmark criminal procedure judgment to help citizens understand their fundamental rights during arrest. It clarifies that written communication of arrest grounds is not just procedural but a constitutional safeguard essential for protecting personal liberty against arbitrary state action.