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Supreme Court Mandates Written, Comprehensible Grounds for All Arrests

The court anchored the requirement in Articles 21 and 22 with a firm deadline for written grounds before remand.

Overview

  • A bench of Chief Justice B. R. Gavai and Justice A. G. Masih ruled that every arrestee must receive the grounds of arrest in writing in a language they understand for offences under any statute.
  • Mere reading out reasons or supplying them in a language the person does not understand does not satisfy the constitutional safeguard under Article 22(1).
  • An oral explanation is permitted only in exceptional exigencies, with a written copy required within a reasonable time and in any event at least two hours before production for remand.
  • Non‑compliance renders both the arrest and any subsequent remand illegal, entitling the person to release and requiring magistrates to verify compliance at remand hearings.
  • The judgment arises from appeals linked to the 2024 Mumbai BMW case and directs the Supreme Court registry to circulate the ruling to all High Courts and state chief secretaries for implementation.