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Jul 2, 2014 · A petitioner seeks anticipatory bail in a case under Section 498-A IPC and Section 4 of the Dowry Prohibition Act. The Supreme Court discusses the scope and misuse of Section 498-A IPC and lays down guidelines for granting bail in such cases.
- Arnesh Kumar vs State of Bihar & ANR on 2 July, 2014
No.9127 of 2013) ARNESH KUMAR ..... APPELLANT VERSUS STATE...
- Arnesh Kumar vs State of Bihar & ANR on 2 July, 2014
Sep 13, 2023 · The Supreme Court directed the Police to use their power under Section 41 of CrPC with caution and not to arrest without reasonable satisfaction. The Court also provided some guidelines to prevent the misuse of Section 498A of IPC and to protect the rights of women facing genuine harassment.
Aug 24, 2023 · The Supreme Court ruled that arrests should not be common under Section 498A of the Indian Penal Code, which deals with marital cruelty. It issued directions to prevent unnecessary arrests and detention, and to follow Section 41 of the Code of Criminal Procedure.
Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment.
The Supreme Court granted anticipatory bail to Arnesh Kumar, who was accused of dowry harassment by his wife, and criticized the misuse of Section 498-A of the Indian Penal Code. It laid down eight guidelines for arresting persons under this section and emphasized the right of accused persons before and after arrest.
A landmark case on misuse of Section 498-A of IPC and police arrest without warrant. The Supreme Court granted bail to the appellant and laid down directions for police to avoid unnecessary arrest in such cases.
The petitioner challenged his arrest in a case under Section 498-A IPC and Section 4 of the Dowry Prohibition Act. The court gave directions to ensure that the police officers do not arrest the accused unnecessarily and the Magistrate do not authorise detention casually and mechanically.
