Bhopal: In a move aimed at strengthening safeguards for arrested individuals, the Madhya Pradesh Police have made it mandatory for police personnel to provide written grounds of arrest to every accused person.
To implement this reform, the Madhya Pradesh Police Headquarters (PHQ) in Bhopal has issued directives to all Police Commissioners, Superintendents of Police and field units, in compliance with recent guidelines laid down by the Supreme Court.
The Supreme Court, in its November 6, 2025 order in State of Maharashtra & Ors. vs Criminal Appeal, had underscored that informing an accused of the reasons for arrest is a fundamental right under Article 22(1) of the Constitution.
According to the circular, police officers must furnish clear and specific grounds of arrest in writing, and not merely communicate them verbally. The information must be provided in a language understood by the arrested person to ensure transparency and prevent ambiguity.
“It has been made mandatory for the police, while arresting any individual, to provide the concrete grounds for the arrest to the arrested person in writing; mere oral information shall not be deemed sufficient. Furthermore, it must be ensured that the grounds for arrest are recorded in the local language or in a language that the arrested person can fully comprehend,” the circular stated.
It further states that the written grounds should be given at the time of arrest or, at the latest, at least two hours before the accused is produced before a magistrate. Police personnel are also required to record in the arrest panchnama or official documents that the written grounds have been provided.
The circular refers to provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023, aligning the directive with existing legal procedures governing arrests.
Emphasising accountability, the Madhya Pradesh Police Headquarters has warned that failure to comply with these instructions could render an arrest illegal and attract contempt of court proceedings or departmental action. In such cases, the accused may also be entitled to immediate release.
The Police Headquarters has instructed senior officers to ensure strict implementation of these guidelines, aiming to balance effective policing with the protection of citizens’ fundamental rights.
(IANS)
