Mihir Rajesh Shah Vs State of Maharashtra And Another (Supreme Court of India)
The Supreme Court decided a batch of criminal appeals raising a common question concerning the constitutional requirement of informing an arrested person of the grounds of arrest under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973 (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The principal contention of the appellants was that they were not furnished the grounds of arrest in writing, rendering their arrest illegal.
The lead case arose from a fatal road accident in Mumbai where a BMW allegedly driven at high speed collided with a scooter, resulting in the death of the complainant’s wife. An FIR was registered under the Bharatiya Nyaya Sanhita, 2023 and the Motor Vehicles Act, 1988. The appellant was arrested and remanded. The legality of the arrest was challenged before the Bombay High Court on the ground that written grounds of arrest were not supplied. The High Court acknowledged a procedural lapse but upheld the arrest, considering the appellant’s awareness of the offence and supporting evidence. The matter reached the Supreme Court limited to the question of law regarding communication of grounds of arrest.
