Detailed Analysis of Arnesh Kumar guidelines on Arrest (8 Guidelinse

Arnesh Kumar v. State of Bihar is one of the important case as it laid down certain guidelines to be followed by the Police to arrest.

Arnesh Kumar Guidelines

The principles laid down in the case of Arnesh Kumar guidelines by SC are:

1. All the State Government to Instruct its Police officers not to automatically arrest when a cases u/s 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41 of CrPC;
2. All police officers be provided with a check list containing specified sub-clauses u/s 41(1)(b)(ii);
3. The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/ producing the accused before the Magistrate for further detention;
4. The magistrate while authorising detention of accused shall peruse the report furnished by the police officer in term aforesaid and only after recording its satisfaction, the magistrate will authorise detention;
5. The decision not to arrest an accused, be forwarded to the magistrate within two weeks from the date of the institution of the case with a copy to the magistrate which may be extended by the S.P. of the district for the reason to be recorded into writing;
6. Notice of appearance in terms of sec. 41A of CrPC be served on the accused within two weeks from the date of institution of case, which may be extended by S.P. of the district for the reason to be recorded in writing;
7. Failure to comply with the direction aforesaid shall apart from rendering the police officers concerned liable for the departemental action, they shall also be liable to be punished for contempt of court to be instituted before HC having territorial jurisdiction.
8. Autorising detention without recording reasons aforesaid by J.M. concerned shall be liable for departmental action by the appropriate HC.

These are the 8 points famously known as Arnesh Kumar Guidelines laid down by SC in case of Arnesh Kumar v. State of Bihar.

Analysis of Arnesh Kumar Guidelines

These 8 points clarifies that police officers cannot directly arrest a person when a case under section 498A is brought before them. Rather, they have to be provided with a check list enshrined under section 41 (1)(ii)(b). These check list have to be duly filed and furnished with the reason of arrest before producing the accused before the magistrate.

The magistrate can ensure that the above stated procedure is followed or not, only after recording its satisfaction, the magistrate will authorise detention. If the police do not want to arrest after the case is lodged, they have to inform the magistrate a copy of the case within two weeks. However, it can be extended by S.P. of the district with reason recorded in writing.

The notice of appearance under 41A to the accused can be served within two weeks from the date of institution of case which may be extended by S.P. of the district with reason recorded in writing.

The police officers have to follow this strictly, if they fail to comply, they will be liable to departmental action. Also, they can be punished for contempt of court which is to be instituted in HC having territorial jurisdiction. Also, Judicial magistrate, have to record the reasons, if they fail, they will also be liable for departmental action by HC in which they fall.

Conclusion

This case is very important for Indian Criminal Jurisprudence as it laid down and important principle to be followed by Police officers and JM before arresting a person under sec. 498A. There have been a series of cases where wife want Husband’s family members to suffer. So, she institute false case to harass the Husband and their family member. This judgment is a great step towards ensure a check and balance between the right that is provided to woman and at the same time ensuring that the case is the genuine one with proper accountability.

To read more blogs on similar topics click here.

Arnesh kumar guidelines