Supreme Court Mandates Written Grounds for All Arrests

The Supreme Court of India has issued a significant directive mandating that all police and investigating agencies must provide written grounds of arrest to every individual they apprehend. This ruling, stemming from the case of Mihir Rajesh Shah vs. State of Maharashtra & Anr., affirms that the right to be informed of the grounds of arrest is a fundamental and mandatory safeguard under Article 22(1) of the Constitution. The court clarified that this applies universally to all offenses, including those governed by the new Bharatiya Nyaya Sanhita (BNS).

In exceptional situations where immediate written communication is impractical, such as when an offense is committed in plain sight, grounds can be conveyed orally. However, the court has set a strict deadline: written grounds must be provided to the arrested person no later than two hours before they are presented before a magistrate for remand proceedings. The written grounds must also be in a language the arrestee understands, and mere oral recitation is insufficient to meet the constitutional requirement.

Impact: Failure to comply with this mandate will render the arrest and subsequent remand proceedings illegal, potentially leading to the release of the arrestee. This ruling strengthens transparency and accountability in law enforcement, ensuring citizens are fully informed of the reasons for their detention. For investors and businesses, this reinforces the rule of law and procedural fairness, contributing to a more stable and predictable legal environment. While not directly impacting specific company financials, it bolsters the overall legal framework crucial for economic activity. Impact Rating: 5/10

Difficult Terms: Article 22(1) of the Constitution: This article of the Indian Constitution protects individuals against arbitrary arrest and detention, guaranteeing the right to be informed of the grounds of arrest and the right to consult a legal practitioner. Bharatiya Nyaya Sanhita (BNS): India's new criminal code, which replaced the Indian Penal Code, 1860, aiming to update and modernize criminal laws. Magistrate: A judicial officer empowered to handle initial stages of criminal cases, including granting or extending custody orders (remand). Remand Proceedings: Legal procedures where a court decides on the custody of an arrested person during an investigation, often involving extension of detention. Flagrante Delicto: A Latin term meaning "while the crime is blazing" or caught in the act of committing a crime.