In Mihir Shah vs. The State of Maharashtra (2025), the Supreme Court's Division Bench of Chief Justice B R Gavai and Justice Agustine George Masih delivered a 52-page long judgement dated November 6, 2025 wherein, it laid down four clear, binding rules for every arrest:
1. Written grounds of arrest are mandatory for ALL offenses (BNS/IPC included).
2. They must be in a language the arrestee understands.
3. The "2-hour rule": In exceptional cases (crime-in-progress), oral grounds are permitted, but a written copy must follow at least 2 hours before remand.
4. Failure to comply makes the arrest illegal. The person "will be at liberty to be set free."
The judgement was authored by Justice Masih. The judgement reads:"We direct the Registry to send one copy of this judgment to all the Registrar Generals of the High Courts and the Chief Secretaries of all the States and Union Territories."
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