Supreme Court mandates written arrest grounds in all cases

The Supreme Court of India has ruled that providing an arrested person with the grounds of arrest in writing and in a language they understand is a mandatory constitutional safeguard under Article 22, applicable to all cases including those under special laws like the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA). The bench of Justices Ujjal Bhuyan and Atul S Chandurkar emphasized that this requirement is not a mere formality but a fundamental principle protecting personal liberty, and its violation renders an arrest illegal. The judgment, delivered on Monday, September 22, 2026, established strict procedures for any subsequent attempt to rearrest a person released due to such a constitutional violation. The Court held that if an arrest is declared illegal for failing to comply with Article 22, the investigating agency cannot mechanically rearrest the individual in the same case. Instead, it must first provide the written grounds for the proposed arrest and then approach a magistrate with an application explaining the necessity for custody, the reasons for the rearrest, and how the initial violation occurred.