Supreme Court mandates written grounds for all arrests

India's Supreme Court has ruled that police must provide written grounds for every arrest, bolstering constitutional rights. Arrests without such communication will be deemed illegal. The directive applies to all offenses under the new criminal laws.

India's Supreme Court, in a landmark ruling on November 7, 2025, has made it mandatory to inform all arrestees in writing about the grounds of their arrest for every offense. This marks a significant shift in criminal procedure and reinforces protections under Article 22 of the Constitution, which guarantees the right to be informed of arrest grounds as soon as possible.

The court clarified that oral communication is inadequate, and non-compliance would invalidate the arrest and any subsequent remand. The directive seeks to instill discipline in arrest procedures and curb misuse of authority.

The decision arises amid recent cases, such as the Mumbai BMW hit-and-run involving Mihir Shah, which exposed lapses in due process. It aligns with the shift to the Bharatiya Nyaya Sanhita 2023, replacing the Indian Penal Code, while prioritizing fundamental rights.

Keywords indicate a focus on legal discipline and constitutional safeguards.

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