Accused should get grounds of arrest in known language sc

The Hindu (Law & Judiciary)

09,Nov,2025

Accused should get grounds of arrest in known language sc

The Supreme Court, in a significant verdict on Thursday, held that arrested persons must be furnished with the grounds of arrest in writing in a language they understand, irrespective of the nature of the offence or statute involved.

The Bench of Chief Justice of India B.R. Gavai and A.G. Masih held that the grounds of arrest must be “supplied in writing within a reasonable time, and in any case two hours prior to the production of the arrestee before the Magistrate for remand proceedings”.

“Mere communication of the grounds in a language not understood by the person arrested does not fulfil the Constitutional mandate under Article 22 of the Constitution of India,” the top court observed.

In case of non-compliance, the arrest and subsequent remand would be rendered illegal and the person would be set free, the court directed. The judgment was based on a case arising from the 2024 high-profile Mumbai hit-and-run incident.

Justice Masih, who authored the verdict for the Bench, underscored that the Constitutional mandate under Article 22(1) of the Constitution, which guarantees that an arrested person must be informed “as soon as may be” of the grounds of arrest, was a fundamental safeguard of personal liberty.

“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,” the judge wrote.

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