Liberty First : SC Says Arrest Must Be Explained in Writing and In Time

The impacts of arrest are multi-dimensional and are not only limited to societal impact but also extend to the physical and mental health of the person.   Mental health issues like depression due to custodial confinement can be aggravated by inadequate and overcrowded conditions prevalent in prisons.   Such conditions severely impinge upon the fundamental rights of the arrested person and curtail his dignity and personal liberty.

Arrests results in embarrassment, restricts freedom and leaves permanent scars.   Lawmakers and the police are aware of this.  The police and lawmakers are at odds and it appears that the police have not learned the lesson that is implied in and reflected in the Cr PC 1973 (now BNSS 2023).

Despite long years of independence, it still maintains its colonial image and is primarily viewed as an instrument of oppression and harassment and it is undoubtedly not regarded as a friend of the public.

The salutary purpose of informing grounds of arrest is to enable the person to understand the basis of his arrest and engage legal counsel to challenge his arrest, remand or seek bail and/or avail of any other remedy as may be available.

It is pertinent to note that the arrested person must be given early access to legal assistance to enable him to defend himself and oppose the remand.   The early access to legal counsel becomes a quintessential object to ensure that the personal liberty of the arrested person is protected.

This Court is of the opinion that to achieve the intended objective of the constitutional mandate of Article 22(1) of the Constitution of India, the grounds of arrest must be informed to the arrested person in each and every case without exception and the mode of the communication of such grounds must be in writing in the language he understands.

Judgment dated 6.11.2025 of the Supreme Court in Criminal Appeal No.2195 of 2025 of Mihir Rajesh Shah  Vs.   State of Maharashtra and another