Written Communication of Arrest Grounds Mandatory with information to relatives : Failure entitles the person to liberty

Supreme Court Mandates Written Communication of Arrest Grounds in Language Understood by Accused. The Apex Court underscores the constitutional necessity of informing arrestees of the grounds of arrest in writing, aiming to reinforce personal liberty protections.

In a significant ruling, the Supreme Court of India has reinforced the constitutional mandate that requires the grounds of arrest to be communicated in writing to the arrestee in a language they understand. This landmark judgment aims to uphold the personal liberty and rights of individuals under Article 22(1) of the Constitution of India.

The case, Mihir Rajesh Shah v. State of Maharashtra, was adjudicated by a bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih. The court was dealing with a series of appeals where the primary contention revolved around the non-communication of arrest grounds in writing, which was alleged to be in violation of constitutional and statutory provisions.

The court ruled that the constitutional requirement under Article 22(1) is unequivocal, emphasizing that no person shall be detained without being informed of the grounds of arrest at the earliest opportunity. The judgment clarified that this mandate applies to all offences under all statutes, including the Bharatiya Nyaya Sanhita, 2023.

Justice Masih, delivering the judgment, highlighted that the grounds of arrest must be communicated in writing to ensure the accused can effectively exercise their right to legal counsel and prepare for opposing remand or seeking bail. The court underscored that while oral communication may suffice in exceptional cases, written grounds must be provided within a reasonable time, and no later than two hours before the remand proceedings.

The decision also acknowledged the psychological and societal impacts of arrest, emphasizing that the procedure must not infringe upon the dignity and personal liberty of individuals. The court noted that merely reading out the grounds of arrest could render the constitutional protection ineffective, thus mandating written communication to ensure clarity and prevent disputes regarding the arrest process.

The judgment further stipulated that failure to adhere to these requirements would render the arrest and subsequent remand illegal, entitling the arrested person to be set at liberty. This directive is expected to bring about significant changes in the arrest procedures across the country, ensuring better compliance with constitutional safeguards.

The court's decision follows precedents set in cases like Pankaj Bansal v. Union of India and Prabir Purkayastha v. State (NCT of Delhi), where similar issues of arrest grounds communication were addressed. The ruling is anticipated to have a profound impact on law enforcement practices, reinforcing the legal standards for arrest procedures and safeguarding individual rights.

The Supreme Court has directed that the judgment be circulated to all High Courts and state authorities to ensure uniform compliance. This move is expected to enhance accountability and transparency in the criminal justice system, aligning with the principles of fairness and legal discipline.

Bottom Line:

Grounds of arrest must be communicated in writing to the arrestee in the language they understand, within a reasonable time, ideally at least two hours prior to production before the magistrate for remand proceedings.

Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 50 of the Code of Criminal Procedure, 1973

Mihir Rajesh Shah v. State of Maharashtra, (SC) : Law Finder Doc Id # 2804915