In a landmark judgment delivered in 2024–2025, the Supreme Court of India reaffirmed that arrest is not mandatory merely because an offence is cognisable. The Court held that strict adherence to procedural safeguards is essential to protect personal liberty under Article 21 of the Constitution.
Key Principles Laid Down by the Supreme Court
- Arrest must be justified and necessary, not routine or mechanical.
- Police officers are required to record written reasons for making an arrest, especially in offences punishable with imprisonment of less than seven years.
- Notice of appearance under Section 41A CrPC (now Section 35 BNSS) must be issued before arrest, except in exceptional circumstances.
- Failure to comply with arrest procedures can result in departmental action and contempt of court.
- Magistrates must independently apply their mind before authorising detention.
Duties of Police and Magistrates
- Police must assess the necessity of arrest based on factors like risk of absconding, tampering with evidence, or threat to witnesses.
- Magistrates cannot act as a rubber stamp and must verify compliance with statutory safeguards.
- Non-compliance renders the arrest illegal and entitles the accused to relief.
Constitutional and Statutory Basis
- Article 21: Protection of life and personal liberty.
- Article 22: Rights of arrested persons.
- Sections 41 & 41A CrPC / BNSS equivalents: Procedural safeguards against arbitrary arrest.
- Reaffirmation of earlier precedents such as Arnesh Kumar v. State of Bihar.
Why This Judgment Is Landmark
This judgment is landmark because it:
- Curtails arbitrary and unnecessary arrests.
- Strengthens judicial oversight over police powers.
- Protects citizens from misuse of criminal law as a tool of harassment.
- Aligns criminal procedure with constitutional values of liberty and fairness.
Practical Impact
- Accused persons gain stronger grounds for bail and quashing of proceedings.
- Police departments must revise arrest protocols and training.
- Magistrates face increased responsibility to ensure procedural compliance.
Conclusion
The Supreme Court’s ruling on procedural arrests marks a decisive step toward rights-oriented criminal justice, ensuring that arrest remains an exception, not the rule.
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