Arnesh Kumar Guidelines: Preventing Arbitrary Arrests

In the landmark case of Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756], the Supreme Court established strict protocols to prevent unnecessary arrests. The Court emphasized that police officers must not arrest accused persons routinely, and Magistrates must not authorize detention in a casual or mechanical manner.

While the case originated from a dispute under Section 498A IPC (cruelty), the Court ruled that these guidelines apply to all offences punishable by seven years of imprisonment or less, regardless of whether a fine is included.

The Eight-Point Guidelines

1. No Automatic Arrests: State Governments must instruct police officers not to arrest automatically upon the registration of a case under Section 498A IPC. Arrests must only be made if they satisfy the necessity parameters defined under Section 41 CrPC.
2. Checklists for Police: All police officers must be provided with a checklist containing the specific sub-clauses under Section 41(1)(b)(ii) CrPC.
3. Mandatory Reporting: When producing an accused before a Magistrate, the police officer must submit the completed checklist and clearly state the reasons and evidence that made the arrest necessary.
4. Judicial Scrutiny: The Magistrate must carefully review the police report and checklist. Detention should only be authorized after the Magistrate records their personal satisfaction that the arrest was justified.
5. Reporting Non-Arrest: If the police decide not to arrest an accused, this decision must be sent to the Magistrate within two weeks of the case being registered. This period may be extended in writing by the Superintendent of Police (SP).
6. Notice of Appearance: A notice of appearance under Section 41A CrPC must be served to the accused within two weeks of registering the case. Any extension of this timeline requires written approval from the SP.
7. Consequences for Police: Failure to comply with these directions renders police officers liable for both departmental action and contempt of court proceedings before the High Court.
8. Consequences for Magistrates: Judicial Magistrates who authorize detention without recording proper reasons as required will be subject to departmental action by their respective High Courts.