Supreme Court: Police Must Give Written Arrest Reasons in Understood Language
Ruling Makes Written Communication of Arrest Grounds Mandatory Across India
November 7, 2025
The Supreme Court has ruled that any person who is arrested must be given the reasons in writing, and in a language they understand. The rule now applies in all cases, across all laws, no matter how serious the crime is.
The judgment came in a case involving Mihir Rajesh Shah, who was arrested in July 2024 in the Mumbai BMW hit-and-run incident. He argued that the police did not give him written reasons for his arrest. The Supreme Court used this case to give a wider ruling that will now apply across the country.
The judges said that the Indian Constitution protects the right of every arrested person to know why they are being arrested. Article 22(1) says that this information must be given “as soon as may be,” as reported by NDTV. The court explained that this is not just a procedural formality, but a fundamental right. A person cannot defend themselves or ask for legal help if they do not know what they are being accused of.
The judges also said that the reasons must be given in writing. If the person does not speak the same language as the police, then the reasons must be given in a language the person understands. If the police are not able to give it in writing at the moment of arrest, they can explain it orally, but they must provide a written version within a reasonable time.
In all cases, the written reasons must be given at least two hours before the person is taken to court for remand. If the rule is broken, the court said, the arrest and the process of keeping the person in custody will be considered illegal. The arrested person must then be released.
The court has asked all High Courts and state governments to make sure this is followed everywhere in the country.
This judgment gives answers to two main questions. First, whether written reasons must be given in every case, including serious criminal offences like murder or accidents. The court said yes, the rule applies in every case. Second, whether the arrest is illegal if the reasons are not given immediately. The court said no, the arrest is still valid if the reasons are given within a short time, but definitely before the person is taken to court.
The court also said that just telling the person the section of the law is not enough. The person must be told the actual reason. For example, saying “you are being arrested under the Indian Penal Code” does not tell them what they did wrong. The police must explain what they are accused of doing.
In Shah’s case, the Bombay High Court had agreed that there was a mistake in how the arrest was done. But it still said the arrest was legal because the offence was serious. The Supreme Court disagreed and said that even in serious cases, the rules must be followed.
This ruling matters because it stops the police from using vague or unclear methods during arrest. It means no one can be taken away without knowing exactly why. It also means the police must be more careful and follow the law step by step. They must write down the reason for the arrest, and make sure the person understands it, no matter what language they speak.
In simple terms, this gives people the power to understand what is happening to them and to ask for legal help immediately. This makes the system more fair.
Now, police departments across India will need to update how they arrest people. They will have to train officers to prepare written reasons for arrest in different languages. Courts and lawyers will also need to make sure these rules are being followed in every case. This ruling gives a clear legal tool for any person who has been wrongly arrested without being told why.
The court has reminded the police that arresting someone is a serious matter. It cannot be done casually or without proper process.
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