Mihir Rajesh Shah vs State of Maharashtra and Another

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 safeguarding the arrestee’s constitutional rights u/Art.22(1) and preserving the operational continuity of criminal investigations. [Paras 52-54] Constitution of India – Art.22(1) – Constitutional mandate under, not a mere procedural formality but a constitutional safeguard in the form of fundamental rights – Intent and purpose of the constitutional mandate, explained – Mode of communicating the grounds of arrest to serve the intended purpose – Art.22(1) not to be read in a restrictive manner:

Held: 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 – Failure to supply such grounds in a language understood by the arrestee renders the constitutional safeguards illusory and infringes the personal liberty of the person as guaranteed under Article 21 and

22 of the Constitution of India – 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. [Paras 42-46]

Constitution of India – Arts.22(1), 21 – Constitutional mandate of – Code of Criminal Procedure, 1973 – s.50 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.47 – Appellant-accused challenged the legality of his arrest in a case when a BMW car driven by him at a high speed collided violently with the complainant’s scooter leading to his wife succumbing to the severe injuries – Appellant contended that the grounds of arrest were not furnished in writing as mandated by Art.22(1) of the Constitution of India and s.47 of BNSS 2023 equivalent to s.50 of CrPC 1973 – High Court despite the acknowledgment of this procedural lapse, upheld the validity of arrest due to the Appellant’s conscious awareness of the gravity of the offence, supported by substantial evidence and the Appellant’s evasion of arrest, justifying custody despite the missing written grounds:

Held: The requirement of 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 – Petition not entertained on merits, notice was issued only to settle the issues to bring about clarity thereon – In connected cases, by way of ad interim relief, the Appellants were directed to be released on bail during pendency of these Appeals, the same shall continue. [Paras 40, 59, 60]

Constitution of India – Art.22(1) – Constitutional mandate of – Code of Criminal Procedure, 1973 – s.50 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.47 – Constitutional mandate and statutory provisions giving effect to the constitutional mandate in Article 22 of the Constitution of India; jurisprudential developments and impact of arrest on a person, discussed. [Paras 17-31]