Mihir Rajesh Shah V. State of Maharashtra (2025 SC)
Finally!!
- Though there existed no consistent or binding requirement mandating written communication of the grounds of arrest for all the offences. However, 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.
- In conclusion, it is held that- (a) The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes including offences under IPC (now BNS, 2023); (b) The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands; (c) In case(s) where, the arresting officer/person is unable to communicate the grounds of arrest in writing on or soon after arrest, it be so done orally. The said grounds be communicated in writing within a reasonable time and in any case at least two hours prior to production of the arrestee for remand proceedings before the magistrate; (d) In case of non-compliance of the above, the arrest and subsequent remand would be rendered illegal and the person will be at liberty to be set free.
- After having come to the above conclusion, it is pertinent to note that the provision of law u/s. 50 CrPC 1973 (S.47 of BNSS 2023) does not provide for a specific mode of or time frame for communication of the grounds of arrest to the person arrested. This Court in Prabir Purkayastha V. State NCTD (2024 SC), held that the grounds of arrest be conveyed to the arrestee in writing in all offences at the earliest, which means it need not be given at the time of arrest but within a reasonable time thereafter, for offences under all the statutes, which period would be as has been laid down above.