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34m ago

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

Non-compliance now voids custody orders, with the judgment sent for immediate implementation nationwide.

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 led by Chief Justice B.R. Gavai with a judgment authored by Justice A.G. Masih held that arrestees must receive written grounds in a language they understand for every offence under IPC/BNS and all statutes.
  • The court allowed oral intimation only in exceptional exigencies, requiring a written copy to follow within a reasonable time and at least two hours before production for remand.
  • Failure to meet the written-notice requirement by the two-hour pre-remand mark renders both the arrest and any remand illegal, entitling the person to be set free.
  • Ruling in Mihir Rajesh Shah v. State of Maharashtra from the 2024 Mumbai BMW hit-and-run case, the Court declared the arrest illegal and made the petitioner’s release absolute.
  • The registry was directed to circulate the judgment to all High Courts and to state and Union territory administrations to ensure immediate compliance by police and magistrates.