In Mihir Rajesh Shah vs. State of Maharashtra & Anr, SC held that failure to furnish such an information would be violative of the Fundamental Rights under Article 21.
Key Highlights of the Judgement
- Right to be Informed of the Grounds of Arrest: It is a fundamental and mandatory safeguard under Article 22(1) of the Constitution and applies to all offences including those under the Bharatiya Nyaya Sanhita (BNS).
- Hence, the ruling expands the constitutional safeguards to all statutes ending the perception of such protection being limited to only special laws like Unlawful Activities Prevention Act (UAPA) or Prevention of Money Laundering Act (PMLA).
- Exceptional Circumstances: In cases, when it is not possible to supply written grounds immediately, the ground could be conveyed orally.
- However, written grounds must be furnished within two hours before producing the accused to the magistrate for remand proceedings.
- This would ensure a judicious balance between safeguarding the arrestee’s constitutional rights under Article 22(1) and preserving the operational continuity of criminal investigations.
- However, written grounds must be furnished within two hours before producing the accused to the magistrate for remand proceedings.
- Mode of Communication: Must be in writing and in a language understandable by the arrestee.
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