In Arnesh Kumar v. State of Bihar, the Supreme Court addressed the routine arrest of accused persons, particularly in matrimonial cruelty cases under Section 498A IPC. It held that for offences punishable with imprisonment of up to seven years, the police must not arrest automatically, but only when the conditions for arrest are satisfied and recorded.
Key directions
- Police officers must satisfy themselves that arrest is necessary, using a checklist of the statutory grounds, and must record their reasons.
- Where arrest is not required, a notice of appearance must be served on the accused instead.
- Magistrates must scrutinise the police officer's reasons before authorising detention.
- Failure to follow the directions may lead to departmental action and contempt proceedings.
The principles continue to guide arrests under the corresponding provisions of the BNSS, and are frequently relied on in bail and anticipatory bail applications.