SC makes written communication of arrest grounds mandatory for all offences

New Delhi: In a landmark verdict, the Supreme Court on Thursday held that every arrested person must be furnished with the grounds of arrest in writing and in a language they understand irrespective of the nature of the offence or statute involved.

In the verdict that strengthens constitutional protection for personal liberty, the top court held that non supply of grounds of arrest in writing to the arrestee prior to or immediately after arrest would not vitiate such arrest if the same is “supplied in writing within a reasonable time and in any case two hours prior to the production of the arrestee before the magistrate for remand proceedings”.

A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih delivered the judgment in the Mihir Rajesh Shah vs State of Mahara