Global InformationArnesh Kumar Guidelines information
| Arnesh Kumar Guidelines | |
|---|---|
 | |
| Court | Supreme Court of India |
| Full case name | Arnesh Kumar vs State of Bihar |
| Decided | 2014 |
| Citation(s) | 2014 8 SCC 273 |
| Case history | |
| Appealed from | Judgement of Patna High Court |
| Court membership | |
| Judges sitting | Chandramauli Kumar Prasad, Pinaki Chandra Ghose |
| Case opinions | |
| Decision by | Chandramauli Kumar Prasad |
| Concurrence | Chandramauli Kumar Prasad, Pinaki Chandra Ghose |
Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court,[1][2] stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment.[3] The guidelines asked the police to determine whether an arrest was necessary under the provisions of Section 41 of the Criminal Procedure Code (CrPC). Police officers have a responsibility to guarantee that the principles established by the Supreme Court in its numerous decisions are followed by the investigating officers. Before authorising further detention, the judicial magistrate must read the police officer's report and make sure they are satisfied.[1]
The decision was welcomed by men's right activists but was criticised by women rights activists.[4]
Legal proceedings can be initiated against the police officials if the procedure for arrest under Section 41A CrPC and Arnesh Kumar Guidelines are violated.[2]
- ^ a b Cite error: The named reference
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JamesSebinwas invoked but never defined (see the help page). - ^ Cite error: The named reference
MP HC Wirewas invoked but never defined (see the help page). - ^ Pallavi Polanki (4 July 2014). "Activists on SC ruling: Why single out dowry harassment law as case of misuse?". First Post. Retrieved 23 July 2014.