Supreme Court Upholds Mandatory Disclosure of Arrest Grounds
In a landmark ruling reinforcing the protection of personal liberty, the Supreme Court declared that the obligation to inform an arrested individual of the grounds for their arrest applies to all offences, including those under the Indian Penal Code and the Bharatiya Nyaya Sanhita.
The Bench, composed of Chief Justice of India B. R. Gavai and Justice A. G. Masih, emphasized that this constitutional safeguard extends beyond special statutes such as the Prevention of Money Laundering Act (2002) and the Unlawful Activities (Prevention) Act (1967).
“The constitutional mandate of informing the arrestee of the grounds of arrest is mandatory in all offences under all statutes, including offences under IPC 1860 (now BNS 2023),”
The judgment clarified that this protection stems from Article 22(1) of the Indian Constitution, which guarantees protection against arbitrary arrest and detention. The Court reiterated that this is a fundamental right, not a procedural formality.
“The grounds of arrest must be communicated in writing to the arrestee in a language they understand within a reasonable time, and in any case at least two hours before the arrestee is produced for remand before a magistrate.”
Key Takeaways
- All arrested individuals must be informed in writing of the reasons for their arrest.
- This rule applies universally across all criminal statutes in India.
- The information must be provided no later than two hours before court appearance for remand.
- The requirement strengthens Article 22(1) safeguards under the Indian Constitution.
Bench Composition
The ruling was delivered by Chief Justice B. R. Gavai and Justice A. G. Masih.
Author’s Summary: The Supreme Court reaffirmed that clear, written communication of arrest grounds is a universal, time-bound constitutional right essential to preserve personal liberty.