Written grounds of arrest must in all cases: Top court

The Supreme Court on Thursday ruled that the grounds of arrest must be furnished in writing to every accused in all cases, including offences under the Indian Penal Code (now the Bharatiya Nyaya Sanhita, 2023), marking a significant expansion of the constitutional safeguard and ending the perception that such protection was limited only to special laws such as the Unlawful Activities Prevention Act (UAPA) or the Prevention of Money Laundering Act (PMLA).

- Utkarsh Anand

A bench of Chief Justice of India Bhushan R Gavai and justice AG Masih held that the obligation to inform a person why they are being arrested “is not a mere procedural formality but a mandatory constitutional safeguard” flowing from the right to

India Bhushan R Gavai and justice AG Masih held that the obligation to inform a person why they are being arrested "is not a mere procedural formality but a mandatory constitutional safeguard" flowing from the right to life and personal liberty under Article 21, and mandated under Article 22(1). It underlined that an arrest carries an inherent stigma that "undermines a person's social dignity" and impacts not only the individual but also their family and social circle.

"This court is of the opinion that to achieve the intended objective of the constitutional mandate of Article 22(1)...the grounds of arrest must be informed to the arrested person in each and every case without exception and the mode of the communication of such grounds must be in writing in the language he understands," the bench held.

Rejecting the argument that the requirement of written grounds was confined to special statutes, the court said Article 22(1) "cannot be read in a restrictive manner" and applies equally to arrests under ordinary criminal law.