Breaking: If Written Grounds Of Arrest Not Furnished Atleast Two Hrs Before Production Of Accused Before Magistrate, The Arrest And Subsequent Remand Illegal: Supreme Court

In a significant ruling, the Supreme Court on Thursday (November 6) extended the requirement of providing the grounds of arrest in writing to apply to all offences under the IPC/BNS, and not just to cases arising under special statutes like the PMLA or UAPA.

A bench of Chief Justice BR Gavai and Justice Augustine George Masih held that the failure to provide the grounds of arrest in writing to an arrestee, in the language he/she understands, would render the arrest and subsequent remand illegal.

“The requirement of informing the arrested person the grounds of arrest, in the light of and under Article 22(1) of the Constitution of India, is not a mere formality but a mandatory binding constitutional safeguard which has been included in part III of the Constitution under the head of Funda