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Written information about reasons for arrest mandatory: Supreme Court

  
  
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  Written communication of arrest grounds mandatory for all offences, says Supreme Court The Supreme Court today said in a landmark judgment that every arrested person should be provided with the grounds for arrest in writing and in his local language. In a judgment strengthening constitutional safeguards for personal liberty, the apex court said that informing the grounds for arrest before or immediately after the arrest will not make any difference to such an arrest. A bench of Chief Justice B R Gavai and Justice Augustine George Masih delivered its judgment in the case of Mihir Rajesh Shah vs State of Maharashtra, which emerged from the high-profile Mumbai BMW hit-and-run incident of July 2024. Justice Masih, while delivering a 52-page judgment, said that the constitutional mandate under Article 22(1) of the Constitution which guarantees that an arrested person should be informed of the grounds for arrest as soon as possible. This is not a procedural formality but a fundamental safeguard of personal liberty. It is also worth mentioning that in most cases, the police do not provide information about the grounds for arrest.
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