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Supreme Court of India 2025-11-06 disposed

Mihir Rajesh Shah vs State of Maharashtra and Anr

Bench: 2 — B.R. Gavai, Augustine George Masih

In Brief

The Supreme Court held that all arrested persons must be informed of the grounds of their arrest in writing, in a language they understand, regardless of the offence type or statute involved. While oral communication may suffice in exceptional flagrante delicto circumstances, written grounds must be provided at least two hours before remand proceedings. The judgment reaffirmed that Article 22(1) of the Constitution mandates this protection as a fundamental right, not a procedural formality. Failure to supply written grounds renders the arrest illegal and vitiates subsequent custody, even if charge-sheets are later filed. The ruling applies uniformly across all statutes, overruling contrary High Court precedents.

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Criminal Procedure Constitutional Law Fundamental Rights Article 22 Arrest and Detention Prevention of Money-Laundering Act Due Process Right to Legal Counsel

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