On 6 November, the Supreme Court of India ruled that whenever a person is arrested, the police must provide a written explanation stating the reason for the arrest. This information must be communicated in a language that the arrested individual can understand. The Court emphasized that this rule applies to all crimes and laws.
The Court clarified that failure to provide a written reason before or immediately after arrest does not automatically invalidate the arrest. However, the arrested person must receive the written explanation within a reasonable time, at least two hours before being presented to a magistrate for remand. Non-compliance renders both the arrest and subsequent remand illegal, allowing the person to be released.
BMW Hit-and-Run Case Context
This ruling was issued in the appeal of Mihir Rajesh Shah vs State of Maharashtra, related to the BMW hit-and-run case in Mumbai, July 2024. Mihir Shah argued that he was not given a written reason for his arrest, making it unlawful. The Bombay High Court had acknowledged procedural lapses but upheld the arrest due to the severity of the case.
The 52-page judgment by Justice AJ Masih and CJI BR Gavai confirmed that providing reasons for arrest is a constitutional mandate under Articles 21 and 22. The Court addressed two key questions:
- Is it mandatory to inform the arrested person of the reason, even if the offense falls under the Indian Penal Code (IPC, now BNS 2023)?
- If immediate disclosure is not possible in certain circumstances, does it invalidate the arrest?
The Court noted that giving reasons in a language the person cannot understand violates constitutional rights. Arrested individuals must understand the charges against them to safeguard their personal liberty.
Details of the BMW Incident
On 7 July 2024, Mihir Shah, driving a BMW, hit a couple in Mumbai. The 45-year-old woman, Kaveri Nakhwa, died on the spot, while her husband suffered serious injuries. The couple was on a scooter when the high-speed BMW struck them near Ataria Mall. The driver fled the scene with Shah. Forensic tests later found no alcohol in blood or urine samples, taken three days after the accident.
The Supreme Court directed copies of this ruling to all High Courts and Chief Secretaries of all states and Union Territories to ensure uniform compliance with arrest procedures.