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Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest.
Aug 24, 2023 · Arnesh Kumar vs State of Bihar (2014) case (Arnesh Kumar Guidelines), is an important ruling by the Indian Supreme Court. This ruling emphasises that arrests should not be common, especially when the potential punishment is less than seven years of imprisonment.
This is the landmark case where the Supreme Court provided directions to Police to use their power enshrined under Section 41 of the Code of Criminal Procedure, 1973 (CrPC).
Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, [1] [2] stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment. [3]
Dec 28, 2022 · Though this case in hand pertains to Section 498A and 4 of the Dowry Prohibition Act, 1961, mandatory guidelines about the arrest of the accused were laid by the Hon’ble SC in case of all the offences punishable by up to 7 years of imprisonment.
Arrest, Detention & the Guidelines of Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273 Prepared by Dr. Humayun Rasheed Khan, Additional Director (Research) I. INTRODUCTION Right to life and personal liberty is a sacred and cherished right under the constitution. The right
Arnesh Kumar preferred an anticipatory bail application as he apprehended arrest under Section 498A of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961, which was denied to him by the Sessions Court and the High Court.
ARNESH KUMAR — Appellant versus. STATE OF BIHAR — Respondent. Criminal Appeal No. 1277 of 2014 (Arising out of Special Leave Petition (Crl.) No. 9127 of 2013) 02.07.2014
Jul 2, 2014 · ARNESH KUMAR vs. STATE OF BIHAR & ANR. 1. Headnote. CODE OF CRIMINAL PROCEDURE, 1973: s.41and 167 - Arrest by police without warrant - Of persons accused of offences punishable with imprisonment upto seven years - Held: Section 41 makes it evident that a person accused of offence punishable with imprisonment for a term which may be less...
Aug 1, 2023 · Arnesh Kumar v. State of Bihar (2014) It is a landmark judgment where the Supreme Court acknowledged the abuse of Section 498-A Indian Penal Code, 1860 (IPC). The court noted that this provision is misused as weapons rather than shield by disgruntled wives.
