Supreme Court rules grounds of arrest must be given in writing, in the arrestee's language, for all offences
The Supreme Court ruled in New Delhi on 6 November 2025 that the grounds of arrest must be supplied to every arrested person in writing and in a language they understand, for offences under all statutes.
Summary
The Supreme Court verdict of 6 November 2025 in Mihir Rajesh Shah vs State of Maharashtra, arising from the July 2024 Mumbai BMW hit-and-run case, was delivered by a Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih, with Justice Masih writing the 52-page judgment. The court held that the requirement under Article 22(1) of the Constitution to inform an arrested person of the grounds of arrest applies to all offences, and that the grounds must be given in writing in a language the person understands. If written grounds cannot be given at the time of arrest, they must be supplied at least two hours before the person is produced before the magistrate for remand; otherwise the arrest and remand become illegal.
Key facts
- Case
- Mihir Rajesh Shah vs State of Maharashtra
- Date
- 6 Nov 2025
- Bench
- CJI B.R. Gavai, Justice Augustine George Masih
- Author
- Justice Augustine George Masih (52 pages)
- Basis
- Article 22(1)
- Time limit
- At least 2 hours before remand production
Practice MCQs 3 questions
The Supreme Court's 6 November 2025 ruling that grounds of arrest must be given in writing to every arrestee was based on which constitutional provision?
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Correct answer: B — Article 22(1)
The court held that the Article 22(1) requirement to inform an arrested person of the grounds of arrest applies to all offences and must be met in writing.
Consider the following statements about the Supreme Court's 6 November 2025 judgment in Mihir Rajesh Shah vs State of Maharashtra: 1. Grounds of arrest must be supplied in writing, in a language the arrestee understands, for offences under all statutes. 2. Where written grounds cannot be given at the time of arrest, they must be supplied at least 24 hours before production for remand. Which of the statements given above is/are correct?
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Correct answer: A — 1 only
The court required written grounds in the arrestee's language for all offences; if not given at arrest, they must be supplied at least two hours (not 24 hours) before production for remand.
Who authored the Supreme Court judgment of 6 November 2025 making written grounds of arrest mandatory for all offences?
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Correct answer: D — Justice Augustine George Masih
The Bench of CJI B.R. Gavai and Justice Augustine George Masih delivered the verdict; Justice Masih wrote the 52-page judgment.