(GS Paper II – Polity & Governance)
Article 21 – Protection of Life and Personal Liberty
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
This article guarantees that any deprivation of liberty — such as arrest or detention — must follow a procedure that is fair, just, and reasonable. The Supreme Court has consistently interpreted “procedure established by law” to mean substantive fairness, not just technical compliance.
Article 22(1) – Rights of Persons Arrested
“No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
This provision ensures that every arrested individual is promptly informed of the reasons for their arrest, enabling them to exercise their right to legal defence effectively.
Section 37(1): The person making an arrest must inform the arrestee of the full particulars of the offence and the grounds for arrest.
Section 37(2): The arrestee must also be informed of their right to consult an advocate of their choice.
These provisions translate constitutional safeguards into statutory obligations, promoting transparency and accountability during arrests.
A Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih held that:
This landmark ruling extends the requirement — previously applicable under laws like UAPA and PMLA — to all offences under IPC/BNS.
The case concerned the arrest of Mihir Rajesh Shah, accused in a high-profile hit-and-run incident in Mumbai. The Bombay High Court acknowledged procedural lapses but declined to declare the arrest illegal. On appeal, the Supreme Court overturned this decision, declaring the arrest unlawful as the written grounds were not provided in a language comprehensible to the arrestee.
1. What is the main principle established by the judgment?
That written grounds of arrest must be provided in a language the arrestee understands; otherwise, the arrest is unconstitutional.
2. Which Articles of the Constitution were invoked?
Articles 21 and 22(1), ensuring fair procedure and the right to be informed of the grounds for arrest.
3. Does this apply to all types of offences?
Yes. The ruling applies to all offences under the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS), not just special laws like UAPA or PMLA.
4. What happens if this rule is violated?
The arrest and remand become illegal, and the arrestee is entitled to immediate release.
5. Why must the grounds be given in writing?
Written grounds serve as documentary proof of due process, prevent arbitrary detention, and protect both the accused and the police from procedural disputes.
The Supreme Court in Mihir Rajesh Shah v. State of Maharashtra (2025) held that arrests are unconstitutional if written grounds are not provided in a language understood by the arrestee. Invoking Articles 21 and 22(1) of the Constitution and Sections 37(1)–(2) of the BNSS, the Court reinforced that communication must be written, clear, and comprehensible — ensuring fair procedure, linguistic access, and protection of personal liberty.
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