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Written Grounds of Arrest Are Mandatory — (2025) INSC 1288

Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandate that grounds of arrest be furnished in writing in a language the arrestee…

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

Core Argument

Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandate that grounds of arrest be furnished in writing in a language the arrestee understands. Oral communication is insufficient and violates fundamental rights.

Key Precedents

  • Joginder Kumar v. State of U.P. (1994 INSC 170) — Established that arrest cannot be made in a routine manner and causes irreversible damage to reputation and self-esteem; the power to arrest must be exercised cautiously with recorded reasons.
  • Arnesh Kumar v. State of Bihar (2014 INSC 463) — Held that arrest results in embarrassment, restricts freedom, leaves permanent scars, and that police must follow procedural safeguards before arresting for offences punishable with less than seven years.
  • D.K. Basu v. State of W.B. (1997) 1 SCC 416 — Laid down detailed requirements for arrest and detention, including the obligation to inform the arrestee of his rights and to record grounds of arrest in writing.

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