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Communication of Grounds of Arrest in Writing in Accused’s Language Is a Must: Supreme Court

The Supreme Court ruled written arrest grounds must be provided in the arrestee’s language for every offence to uphold constitutional protections under Article 22(1).

  • On November 06, 2025, the Supreme Court of India ruled arrested persons must be furnished the grounds of arrest in a language they understand, a bench of Chief Justice B R Gavai and Justice Augustine George Masih held.
  • The appeal stemmed from the Mumbai BMW hit-and-run case, with Mihir Rajesh Shah challenging his arrest after the Bombay High Court upheld it, prompting review by the Supreme Court of India.
  • Where immediate written notice is impractical, the arresting officer may explain orally but must supply written grounds within a reasonable time and no later than two hours before magistrate remand proceedings.
  • Failure to comply would render arrests and remands illegal, requiring police officers to record who was informed in a station book while magistrates verify compliance, and the registry must send the judgment to registrars general and chief secretaries.
  • Grounding the ruling in Articles 21 and 22 of the Constitution of India, Justice Augustine George Masih said they ensure arrested persons understand their arrest and access legal counsel, protecting personal liberty.
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Tribune India broke the news in Chandigarh, India on Thursday, November 6, 2025.
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