The Supreme Court of India has ruled that failure to furnish the written grounds of arrest at least two hours before production of the accused before a Magistrate renders both arrest and remand illegal.

The Court clarified that this requirement now applies to all offences under the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS), not just to special legislations like the PMLA or UAPA.

Delivering the verdict in Mihir Rajesh Shah v. State of Maharashtra and Another, a Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih highlighted that informing an arrestee of the reasons for arrest is not a mere procedural step but a binding constitutional safeguard under Article 22(1), read with Article 21 of the Constitution of India.

Mandatory Written Grounds in Language Understood by the Arrestee

The Court held that the grounds of arrest must be communicated in writing and in a language comprehensible to the arrested person.

Where immediate written communication is impracticable, the arresting officer may convey the grounds orally, but a written copy must follow within a reasonable time, and mandatorily at least two hours prior to production before the Magistrate for remand proceedings.

The Court observed that failure to comply with this timeline would invalidate both the arrest and subsequent remand, entitling the arrestee to immediate release.

Fundamental Right Under Articles 21 and 22(1)

The Bench reaffirmed that informing an arrested person of the grounds of arrest is a non-derogable constitutional right. This communication enables the arrestee to seek legal counsel, challenge police custody, and move for bail effectively.

Rejecting the notion that procedural irregularities can be excused due to the seriousness of the alleged crime, the Court emphasized that the right to liberty under Article 21 cannot be compromised by administrative convenience.

Oral Intimation Only in Exceptional Circumstances

While creating a narrow exception, the Supreme Court allowed oral communication of arrest grounds only in exigent circumstances, such as when the offence occurs in the presence of a police officer.

Even then, the written grounds must be furnished within a reasonable time and never later than two hours before the accused is produced before the Magistrate.

The Bench clarified that non-supply of written grounds immediately after arrest does not invalidate the arrest, provided the written communication follows within the stated time frame.

Directions for Nationwide Implementation

The Supreme Court directed that copies of the judgment be circulated to all High Courts and State Governments to ensure immediate and uniform compliance across jurisdictions.

The petitioner, who was already on interim bail, was granted absolute release by the Court, which confined its adjudication to the legal question of non-furnishing of written grounds of arrest.

Bench and Case Details

• Case Title: Mihir Rajesh Shah v. State of Maharashtra and Another
• Citation: CRIMINAL APPEAL NO.2195 OF 2025 WITH CRIMINAL APPEAL NO.2189 OF 2025 CRIMINAL APPEAL NO.2190 OF 2025 AND S.L.P. (CRL.) NO.8704 OF 2025
• Bench: Chief Justice B.R. Gavai and Justice Augustine George Masih
• Date of Judgment: November 6, 2025
• Advocates for Appellant: Mr. Vikram Chaudhri, Sr. Adv., with Mr. Siddharth Sharma, Ms. Ishika Chauhan, and others
• Advocates for Respondents: Ms. Rukhmini Bobde, Mr. Aaditya Aniruddha Pande, and team

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