Mihir Rajesh Shah vs State of Maharashtra 2025 INSC 1288 - Written Grounds Of Arrest
Constitution of India - Article 22 ; Code of Criminal Procedure, 1973 - Section 50 ; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 47- (i) The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes including offences under IPC 1860 (now BNS 2023); ii) The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands; iii) In case(s) where, the arresting officer/person is unable to communicate the grounds of arrest in writing on or soon after arrest, it be so done orally. The said grounds be communicated in writing within a reasonable time and in any case at least two hours prior to production of the arrestee for remand proceedings before the magistrate. iv)In case of non-compliance of the above, the arrest and subsequent remand would be rendered illegal and the person will be at liberty to be set free.i) The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all Criminal Appeal No. 2195 of 2025 Page 49 of 52 offences under all statutes including offences under IPC 1860 (now BNS 2023); ii) The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands; iii) In case(s) where, the arresting officer/person is unable to communicate the grounds of arrest in writing on or soon after arrest, it be so done orally. The said grounds be communicated in writing within a reasonable time and in any case at least two hours prior to production of the arrestee for remand proceedings before the magistrate. iv)In case of non-compliance of the above, the arrest and subsequent remand would be rendered illegal and the person will be at liberty to be set free. (Para 57) In cases where the police are already in possession of documentary material furnishing a cogent basis for the arrest, the written grounds of arrest must be furnished to the arrestee on his arrest. However, in exceptional circumstances such as offences against body or property committed in flagrante delicto, where informing the grounds of arrest in writing on arrest is rendered impractical, it shall be sufficient for the police officer or other person making the arrest to orally convey the same to the person at the time of arrest. Later, a written copy of grounds of arrest must be supplied to the arrested person within a reasonable time and in no event later than two hours prior to production of the arrestee before the magistrate for remand proceedings. The remand papers shall contain the grounds of arrest and in case there is delay in supply thereof, a note indicating a cause for it be included for the information of the magistrate. (Para 52)
Case Info
Key Details
- Case name: Mihir Rajesh Shah vs State of Maharashtra and Another.
- Neutral citation: 2025 INSC 1288.
- Coram: Chief Justice B.R. Gavai; Justice Augustine George Masih.
- Judgment date: November 06, 2025.
Caselaws and citations
- Pankaj Bansal v. Union of India and Others: (2024) 7 SCC 576; 2023 SCC OnLine SC 1244.
- Prabir Purkayastha v. State (NCT of Delhi): (2024) 8 SCC 254.
- Vihaan Kumar v. State of Haryana and Another: (2025) 5 SCC 799; 2025 SCC OnLine SC 269.
- V. Senthil Balaji v. State: (2024) 3 SCC 51; (2024) 2 SCC (Cri) 1.
- Roy V.D. v. State of Kerala: (2000) 8 SCC 590; 2001 SCC (Cri) 42.
- Arnesh Kumar v. State of Bihar: (2014) 8 SCC 273; AIR 2014 SC 2756.
- Joginder Kumar v. State of U.P.: (1994) 4 SCC 260.
- Manubhai Ratilal Patel v. State of Gujarat: (2013) 1 SCC 314.
- Ashok v. State of Uttar Pradesh: (2025) 2 SCC 381; 2024 SCC OnLine SC 3580.
- Suhas Chakma v. Union of India: 2024 SCC OnLine SC 3031.
- Harikisan v. State of Maharashtra: Constitution Bench; cited in text (grounds in language understood).
- Lallubhai Jogibhai Patel v. Union of India: (1981) 2 SCC 427.
Statutes and laws referred
- Constitution of India: Articles 20, 21, 22(1), 22(5).
- Code of Criminal Procedure, 1973 (CrPC): Sections 50, 50A, 57, 167, 41A.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023): Sections 47 (CrPC 50), 48 (CrPC 50A), 58 (CrPC 57), 187 (CrPC 167), 35(3)–35(6) (CrPC 41A), 38 (right to meet advocate).
- Bharatiya Nyaya Sanhita, 2023 (BNS 2023): Offences replacing IPC 1860.
- Motor Vehicles Act, 1988.
- Prevention of Money Laundering Act, 2002 (PMLA): Sections 19(1), 45 (twin conditions).
- Unlawful Activities (Prevention) Act, 1967 (UAPA).
Holding (brief)
- Grounds of arrest must be informed in all offences; they must be given in writing in a language understood by the arrestee.
- If immediate written supply isn’t practical in exceptional, in flagrante situations, oral intimation at arrest is permissible, but written grounds must be furnished within a reasonable time and at least two hours beforeproduction for remand.
- Non-compliance renders arrest and remand illegal.
#SupremeCourt sets time limit for communicating grounds of arrest in writing to accused. It should be communicated at least two hours prior to production of the arrestee for remand proceedings before the magistrate. If not, the arrest and subsequent remand would be rendered… https://t.co/lB0UUTbX3d pic.twitter.com/nFWATRUcag
— CiteCase 🇮🇳 (@CiteCase) November 6, 2025
Does #SupremeCourt judgment in Mihir Rajesh Shah give any hint about the outcome of Presidential Reference ?
— CiteCase 🇮🇳 (@CiteCase) November 7, 2025
In Mihir, #SupremeCourt interpreted “as soon as may be” in Article 22 of Constitution and brought a time limit even though the original text had none.
In TN Governor… https://t.co/ISyxuWuOr5 pic.twitter.com/fwZ2ek4T4Z
We asked @GeminiApp to illustrate #SupremeCourt judgment in Mihir Rajesh Shah. This is what it did: https://t.co/DUuFIdYoSI pic.twitter.com/S3UXSTvDNy
— CiteCase 🇮🇳 (@CiteCase) November 7, 2025
