Arrested? Demand This Document – Supreme Court Strengthens Right to Written Grounds of Arrest (Mihir Rajesh Shah vs. State of Maharashtra, 2025)
Arrested? Demand This Document The Supreme Court, in its November 2025 ruling in Mihir Rajesh Shah vs. State of Maharashtra , significantly strengthened the constitutional rights of an arrested person. It held that the right to be informed of the grounds of arrest, guaranteed under Article 22(1) of the Constitution, is not a mere formality but a mandatory, fundamental right that applies to all offences under all statutes (including the Indian Penal Code/Bharatiya Nyaya Sanhita ). MANDATORY NEW REQUIREMENTS FOR A VALID ARREST The judgment mandates the following strict procedural requirements: 1. WRITTEN COMMUNICATION IS A MUST The grounds of arrest must be communicated in writing to the person being arrested. Mere oral communication or reading out of the grounds is insufficient, as it does not fulfil the constitutional objective of enabling the person to consult a lawyer and defend themselves effectively. 2. LANGUAGE REQUIREMENT The written g...