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2h ago

Supreme Court Mandates Written Grounds of Arrest for All Offences, With Two-Hour Pre-Remand Deadline

The court anchored the rule in Article 22 to curb arbitrary detention by requiring reasons in the arrestee’s language with verifiable documentation.

The Supreme Court held that the obligation to inform a person why they are being arrested “is not a mere procedural formality but a mandatory constitutional safeguard”
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Overview

  • A bench of Chief Justice B. R. Gavai and Justice Augustine George Masih extended the safeguard beyond special statutes to every arrest under IPC/BNS and all other laws.
  • In exigent situations, officers may state reasons orally at the moment of arrest, but a written notice must follow within a reasonable time and at least two hours before magistrate remand.
  • Non-compliance renders the arrest and any remand illegal, and magistrates must verify compliance, including police station entries recording who was informed of the arrest.
  • The Supreme Court directed its registry to circulate the ruling to all High Courts and to the chief secretaries of states and Union territories for implementation.
  • The decision stems from appeals tied to the 2024 Mumbai BMW hit-and-run involving Mihir Rajesh Shah, with reports differing on whether he received immediate relief as the Court settled the broader constitutional issue.