MIHIR RAJESH SHAH versus STATE OF MAHARASHTRA AND ANOTHER

Citation: [2025] 11 S.C.R. 291 · Decided: 06-11-2025 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI, AUGUSTINE GEORGE MASIH · Disposal: Directions issued

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Judgment (excerpt)

[2025] 11 S.C.R. 291 : 2025 INSC 1288
Mihir Rajesh Shah 
v. 
State of Maharashtra and Another
(Criminal Appeal No. 2195 of 2025)
06 November 2025
[B.R. Gavai, CJI and Augustine George Masih,* J.]
Issue for Consideration
Whether in each and every case, even arising out of an offence 
under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 
would it be necessary to furnish grounds of arrest to an accused 
either before arrest or forthwith after arrest; whether, even in 
exceptional cases, where on account of certain exigencies it will not 
be possible to furnish the grounds of arrest either before arrest or 
immediately after arrest, the arrest would be vitiated on the ground of 
non-compliance with the provisions of Section 50 of the CrPC 
1973 (now Section 47 of BNSS 2023).
Headnotes†
Constitution of India – Art.22(1) – Constitutional mandate of – 
Code of Criminal Procedure, 1973 – s.50 – Bharatiya Nagarik 
Suraksha Sanhita, 2023 – s.47 – Whether in each and every 
case, even arising out of an offence under Penal Code, 1860 
now Bharatiya Nyaya Sanhita, 2023 would it be necessary to 
furnish grounds of arrest to an accused either before arrest 
or forthwith after arrest:
Held: Constitutional mandate of informing the arrestee the grounds 
of arrest is mandatory in all offences under all statutes including 
offences under IPC 1860 (now BNS 2023) – The grounds of arrest 
must be communicated in writing to the arrestee in the language 
he/she understands – In case(s) where, the arresting officer/
person is unable to communicate the grounds of arrest in writing 
on or soon after arrest, it be so done orally – The said grounds be 
communicated in writing within a reasonable time and in any case 
at least two hours prior to production of the arrestee for remand 
proceedings before the magistrate – In case of non-compliance, 
the arrest and subsequent remand would be rendered illegal and 
the person will be at liberty to be set free – The requirement of 
* Author
292
[2025] 11 S.C.R.
Supreme Court Reports
informing the arrested person the grounds of arrest, in the light of 
and u/Art.22(1) of the Constitution of India, is not a mere formality 
but a mandatory binding constitutional safeguard included in Part III 
of the Constitution under the head of Fundamental Rights – Thus, 
if a person is not informed of the grounds of his arrest as soon as 
maybe, it would amount to the violation of his fundamental rights 
curtailing his right to life and personal liberty u/Art.21, rendering 
the arrest illegal. [Paras 56, 40]
Constitution of India – Art.22(1) – Code of Criminal Procedure, 
1973 – s.50 – Bharatiya Nagarik Suraksha Sanhita, 2023 – 
s.47 – Whether, even in exceptional cases, where on account of 
certain exigencies it will not be possible to furnish the grounds 
of arrest either before arrest or immediately after arrest, the 
arrest would be vitiated on the ground of non-compliance with 
the provisions of Section 50 of the CrPC 1973 (now Section 
47 of BNSS 2023):
Held: Non-supply of grounds of arrest in writing to the arrestee 
prior to or immediately after arrest would not vitiate such arrest on 
the grounds of non-compliance with the provisions of s.50 of the 
CrPC 1973 (now s.47 of BNSS 2023) provided the said grounds 
are 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 – In cases where the police are already in 
possession of documentary material furnishing a cogent basis for 
the arrest, the written grounds of arrest must be furnished to the 
arrestee on his arrest – However, in exceptional circumstances such 
as offences against body or property committed in flagrante delicto, 
where informing the grounds of arrest in writing on arrest is rendered 
impractical, it shall be sufficient for the police officer or other person 
making the arrest to orally convey the same to the person at the 
time of arrest – Later, a written copy of grounds of arrest must be 
supplied to the arrested person within a reasonable time and in no 
event later than two hours prior to production of the arrestee before 
the magistrate for remand proceedings – The remand papers shall 
contain the grounds of arrest and in case there is delay in supply 
thereof, a note indicating a cause for it be included for the information 
of the magistrate – Two-hour threshold before production for remand 
strikes a judicious balance between safegu

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