The Supreme Court yesterday held that police and investigating agencies must provide written grounds of arrest to every arrested person as soon as possible, regardless of the offence or statute under which the arrest is made.

 

 

A Bench of Chief Justice of India BR Gavai and Justice AG Masih said, the right to be informed of the grounds of arrest 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.

 

 

 

The Court ordered, in certain exceptional situations, when it is not possible to supply written grounds immediately, the grounds should be conveyed orally to the accused.

 

 

 

It added, even in such cases, written grounds must be furnished to the accused within a reasonable time and no later than two hours before the accused is produced before the magistrate for remand proceedings.