Every Indian should know about ARNESH KUMAR GUIDELINES
State governments had to instruct police officers to not directly arrest person when registered with offence under S. 498-A. It may be necessary when it falls under Section 41 of the CrPC.
Checklist under Section 41 (1) (b) (ii) need to be given to all police officers.
While producing accused before magistrate for further detention, this check list to be duly filled and also having the reason and material necessary for making the arrest
Relying on this report and only after recording the reason for arrest and on magistrate’s satisfaction, will further detention be granted.
If not arresting accused, this decision be forwarded to magistrate within two weeks from when case instituted with copy of Magistrate extended by the Superintendent of police of the district for the reason to be recorded in writing.
Notice of Appearance as per Section 41-A CrPC is to be served to accused within two weeks from when case instituted and which may be extended by the Superintendent of Police after recording the reason in writing.
If directions not complied with, police officers liable for contempt of Court before the High Court having jurisdiction.
If detention is authorized by Judicial magistrate without recording reasons, they be liable for departmental proceedings by the High Court.
Further, these directions were to not only apply to cases under Section 498-A or Section 4 of the Dowry Prohibition Act, but also all such cases where offences are punishable with seven years or lesser imprisonment, irrespective of the fine.
The copy of this order was to be forwarded to all the chief secretaries and DGPs of all the states and Union territories as well as the Registrar Generals of all high courts in order to ensure compliance with.
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