Advocates appeared:
For the Appellant(s) : Mr. Siddharth Sharma, AOR Ms. Ishika Chauhan, Adv. Ms. Aishwarya, Adv. Ms. Smriti Churiwal, Adv. Ms. Akshada Pasi, Adv. Mr. Vishesh Vijay Kalra, AOR Ms. Sonia Sharma, Adv. Mr. Jaiveer Kant, Adv. Mr. Vikram Chaudhri, Sr. Adv. Mr. Rishi Sehgal, Adv. Mr. Nikhil Jain, AOR Ms. Muskaan Khurana, Adv. Ms. Divya Jain, Adv. Mr. Karl P. Rustomkhan, Adv. Mr. Vaibhav Jagtap, Adv. Mr. Ashish Pandey, AOR Mr. Shubham Saxena, Adv. Mr. Siddharth Sharma, AOR Mr. Vishesh Vijay Kalra , AOR Mr. Nikhil Jain, AOR Mr. Ashish Pandey, AOR
For the Respondent(s): Ms. Rukhmini Bobde, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Sourav Singh, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Shrirang B. Varma, Adv. Mr. Amlaan Kumar, Adv. Mr. Jatin Dhamija, Adv. Mr. Vinayak Aren, Adv. Mr. Aaditya Aniruddha Pande, AOR

Facts

On 07.07.2024, a white BMW car driven at high speed by the appellant collided with the complainant's scooter from behind, resulting in the complainant's wife being dragged under the vehicle and succumbing to injuries, while the complainant sustained minor injuries; the driver fled without assistance. (!) FIR No. 378/2024 was registered at Worli Police Station under relevant provisions of Bharatiya Nyaya Sanhita, 2023 and Motor Vehicles Act, 1988; the vehicle was identified via CCTV, and the appellant was arrested on 09.07.2024 after evidence linked him as the driver, including CCTV footage, alcohol consumption, appearance alteration, and Fastag usage. (!) The appellant was produced for remand, but challenged the arrest claiming non-communication of grounds in writing under Article 22(1) and Section 47 BNSS (formerly Section 50 CrPC); the Bombay High Court upheld the arrest despite the lapse, citing the appellant's awareness of the offence and evasion. (!) (!) (!) (!) Appeals raised issues on mandatory furnishing of written grounds for offences under BNS, even in exigencies. (!) (!) (!) (!)

Ratio

The constitutional mandate under Article 22(1) requires informing the arrestee of grounds of arrest "as soon as may be" in all offences under all statutes, including BNS, as it flows from Article 21's protection of personal liberty. (!) (!) (!) (!) (!) Grounds must be communicated in writing in a language the arrestee understands to enable effective consultation with counsel, opposition to remand, and bail application, avoiding disputes from mere oral communication. (!) (!) (!) (!) Where immediate written communication is impractical (e.g., flagrante delicto offences against body/property), oral conveyance suffices at arrest, followed by written grounds within a reasonable time and at least two hours before production for remand; remand papers must include grounds or explain delay. (!) (!) (!) Non-compliance renders arrest and remand illegal, entitling release, after which fresh remand application may be moved with explanation. (!) (!) (!) This balances arrestee rights with investigative needs; applies henceforth for clarity. (!)