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The Supreme Court of India observed that the Section 498a and Section 406 under the Indian Penal Code are widely misused hence, it issued the mandatory guidelines in the landmark judgement of Arnesh Kumar Vs. State of Bihar (2014).
All the State Governments to instruct its police officers not to automatically arrest when a case under 498a of the IPC is registered but to satisfy themselves about the necessity for arrest under the 9 points checklist in Section 41 of CrPC;
📌 All police officers be provided with a checklist containing specified sub-clauses under Section 41(1)(b)(ii); The #policeofficer shall forward the checklist duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
📌 The Magistrate while authorising #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 authorise detention;
📌 The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;
📌 Notice of appearance in terms of Section 41A of CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
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❌ Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
❌ Authorising detention without recording reasons as aforesaid by the #JudicialMagistrate concerned shall be liable for departmental action by the appropriate High Court.
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