By Admin 
The Supreme Court has said in an important decision on Thursday (November 6, 2025) that it is not mandatory for the person being arrested to give the reason for the arrest in writing at the same time. But this should be done as soon as possible. If the police does not do this then the person will be released.
The court has given this order in the case of Mihir Rajesh Shah, accused in the Worli hit and run case of Mumbai. In this incident that took place on July 7, 2024, Mihir is accused of pushing the scooter of Worli-resident couple Pradeep and Kaveri Nakhwa and dragging Kaveri with the car for about 2 kilometers while running away. Kaveri had died in this incident.
road accident accused SC The matter was placed before
Mihir had taken the legal ground in the case that he did not commit the incident intentionally. Under pressure from the people, the police imposed strict sections on him. No written reason was even given at the time of arrest. The Supreme Court had granted bail to Mihir while hearing the case. But to bring clarity on the issue of giving written grounds for arrest, a detailed consideration was called for.
Now the bench of CJI BR Gavai and Justice Augustin George Masih has given a detailed decision of 52 pages. The court has accepted that under Article 22 of the Constitution, every person has the right to know in writing the reason for his arrest. There is also a provision in this regard in Section 50 of CrPC and Section 47 of BNSS. But it is not written within what time the written grounds for arrest should be provided to the arrested person. In such a situation, the court has now given these instructions for clarity in this matter:
- While arresting someone, it is a constitutional and legal obligation to inform him about the grounds for arresting him.
- The arrested person should be informed in writing of the grounds for arrest. This should be done in the language he understands.
- In cases where the arresting officer is unable to give reasons in writing, he should explain the grounds of arrest orally.
- If written grounds could not be given at the time of arrest, then it should be done within a reasonable time. In any case, written grounds should be provided to the arrested person at least 2 hours before presenting him before the magistrate.
- If these things are not followed then the arrest and remand will be considered illegal. After this the arrested person will be entitled to be released.
SC Explained in detail the conditions related to providing written grounds for arrest
The Supreme Court said that if a person is released due to non-compliance of these conditions and the investigating agency finds his custody necessary, then he will have to apply to the magistrate. The magistrate will review the facts. We will also consider the reasons due to which the conditions related to giving written grounds for arrest to the arrested person could not be followed. The magistrate will also hear the side of the released person and give a decision on the application of the investigating agency within 1 week.
The court has made it clear that this order has been given only for legal clarity. The case of Mihir Rajesh Shah will be heard in the lower court. The bail granted to him will remain in place for the time being. If the police needs his custody, they can apply to the magistrate.
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