No automatic arrest in 498A

Supreme Court of India

all police officers must be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii) which they will have to follow when they feel the arrest is necessary and that check list must be produced before the Magistrate for further detention

The Arnesh Kumar case is a landmark decision as it is going to provide great respite for those who are framed by the scheming wives as in this case Justice CK Prasad held that police officers do need not arrest accused unnecessarily and magistrate do not authorize detention casually and mechanically.

Justice CK Prasad issued several directions for the government agencies and asked all the State Governments to instruct its police officers not to automatically arrest when a case under Section 498A of the IPC is registered. However, he allowed arrest if some set parameters laid down are followed and arrest is necessary under Section 41, Cr.PC.

The justice also instructed that all police officers must be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii) which they will have to follow when they feel the arrest is necessary and that check list must be produced before the Magistrate for further detention.

The judgment further reads that the Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.

Read the full judgement

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