A bench of Chief Justice B.R. Gavai and Justice A.J. Masih delivered the judgment while hearing the plea of Mihir Rajesh Shah v. State of Maharashtra, related to the 2024 BMW hit-and-run case in Mumbai. The 52-page verdict emphasized that the obligation to communicate reasons for arrest applies to all offenceswhether under the Indian Penal Code, now replaced by the Bharatiya Nyaya Sanhita (BNS), or any other law.
The bench clarified that written reasons must be provided before or within a reasonable time after the arrest, and in all cases at least two hours before producing the accused before a magistrate. “Arrest and remand without written communication of reasons in an understandable language would be illegal,” the court stated, directing that copies of the order be sent to all High Courts and Chief Secretaries of States and Union Territories.
The judgment came in response to Mihir Shah’s plea claiming procedural irregularities in his arrest. While the Bombay High Court had acknowledged lapses, it upheld the arrest due to the seriousness of the offence.
The ruling strengthens procedural safeguards for personal liberty and accountability in policing. It reiterates that arrests must not only be lawful but also transparent, ensuring that every individual is aware of the specific grounds of detention. The directive is expected to set a uniform national standard for arrest procedures across all jurisdictions.
