Mr. State counsel, Section 47 of the BNSS 2023 requires the police officer to 'communicate' the grounds of arrest. If writing is not required, how does the arrestee's lawyer verify what was communicated? Won't there be endless disputes about what the officer said versus what the arrestee heard?

My Lord, Section 47(2) of the BNSS 2023 requires the police officer to 'record' the grounds of arrest in the diary at the time of arrest. That written record can be produced before the Magistrate. The arrestee's lawyer can inspect that diary entry. The requirement of a contemporaneous written record — albeit for the police's own records, not for the arrestee — provides a check against false claims. The difference is that the arrestee does not need a personal copy at the exact moment of arrest; the oral communication, backed by a written diary entry, is sufficient. The Magistrate can always ask to see the diary entry to verify what was communicated. The petitioner's argument that the arrestee must personally receive a written document is not supported by the text of Section 47 of the BNSS 2023.

You rely on the fact that the petitioner 'knew' why he was arrested. But isn't the purpose of Article 22(1) to ensure that the State officially informs the arrestee, not that the arrestee infers from circumstances? In a democracy, shouldn't the State bear the burden of formal communication?

My Lord, the State does not dispute that formal communication is required. Oral communication is formal communication. There is no magic in writing. The Constitution does not elevate writing above speech. What matters is that the arrestee understands the grounds. In this case, the petitioner clearly understood — he had been evading arrest for two days, and the police told him at the time of arrest that he was being arrested for the hit-and-run death. The purpose of Article 22(1) of the Constitution of India — to prevent arbitrary detention by ensuring the detainee knows why he is held — was fully satisfied. A requirement that every arrest be accompanied by a written document, regardless of circumstances, would be an undue burden on police and would not meaningfully enhance protection for arrestees who already know the grounds.

The petitioner proposes a two-hour rule: written grounds must be provided at least two hours before production before the Magistrate. Why is that unreasonable? It gives counsel time to prepare and eliminates disputes.

My Lord, the two-hour rule is not unreasonable in the abstract, but it is a rigid judicial mandate that may not fit all cases. In metropolitan areas with functioning courts, two hours may be feasible. In rural areas where the Magistrate sits only on certain days, or where travel times are long, two hours may be impossible. The police would be forced to either (a) delay production beyond the constitutionally mandated 24-hour period under Article 22(2) of the Constitution of India, or (b) violate the two-hour rule. The better approach is flexibility: the Magistrate should examine whether the arrestee was prejudiced by the lack of written grounds. If no prejudice, the arrest stands; if prejudice, the arrest may be invalidated. This Court should not impose a one-size-fits-all timeline.

In this case, the petitioner was arrested on 9 July and produced before the Magistrate on the same day? On 10 July? The record is unclear. If he was produced hours after arrest, why couldn't the police provide written grounds in that intervening period?

My Lord, the respondent accepts that in an ideal world, written grounds should be provided before production. The failure to do so in this case was a lapse. However, the respondent submits that the lapse should not invalidate the entire arrest because (a) the petitioner suffered no prejudice — he was represented by counsel who argued before the Magistrate, (b) the police were dealing with a serious hit-and-run fatality and a suspect who had evaded capture, and (c) the petitioner has not shown that he was unable to consult a lawyer or oppose remand. The appropriate remedy, if any, is an admonition to the police to improve their procedures, not the release of an accused who is alleged to have caused death by his actions.

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Oral Grounds Sufficient in Exigent Circumstances — (2025) INSC 1288

Article 22(1) of the Constitution of India requires that grounds be communicated 'as soon as may be', not in writing.

Mihir Rajesh Shah v. State of Maharashtra — (2025) INSC 1288

Core Argument

Article 22(1) of the Constitution of India requires that grounds be communicated 'as soon as may be', not in writing. In exigent circumstances such as flagrante delicto or imminent absconding, oral communication at the time of arrest is sufficient, and written grounds may follow later before remand.

Key Precedents

Joginder Kumar v. State of U.P. (1994 INSC 170) — Recognises that arrest must be justified with reasons, but does not require written grounds; the reasons can be recorded in the police diary as required by Section 47(2) of the BNSS 2023.
Arnesh Kumar v. State of Bihar (2014 INSC 463) — Requires police to follow procedural safeguards but does not mandate written grounds of arrest for the arrestee; it focuses on the notice to be given before arrest for certain offences.

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