ON NOVEMBER 6, 2025, the Supreme Court held that in cases where the police are already in possession of documentary material furnishing a cogent basis for the arrest, the written grounds of arrest must be furnished to the arrestee upon his arrest.
A Bench comprising Chief Justice of India (‘CJI’) B.R. Gavai and Justice Augustine George Masih handed down this ruling.
The Bench further held that it is only in exceptional circumstances such as offences against the body or property committed where the criminal is caught in the act—where informing the grounds of arrest in writing upon arrest is rendered impracticable, that it would be sufficient for the police making the arrest to convey the grounds of arrest orally to the person at the time of arrest.
However, even in those cases, a written copy of the grounds of arrest must be supplied to the arrested person within a reasonable time and in no event later than two hours prior to the production of the arrestee before the magistrate for remand proceedings.
“The remand papers shall contain the grounds of arrest and, in case there is delay in the supply thereof, a note indicating the cause for it shall be included for the information of the magistrate,” the Bench ordered.
