CASE BRIEF

Taking into account rampant abuse of the provisions of Section 498A of the IPC and punishment
granted under section 4 of the Dowry Prohibition Act, the Supreme Court granting leave to
petitioner in Arnesh Kumar v State of Bihar, laid down guidelines acting to serve the interest of
the accused against arrest without warrant while defining the powers and duties of police
against automatic arrest or detention under said provisions.
Courts guidelines emphasize upon freedom from arbitrary arrest/detention via due process of
law. Police officers must have a checklist of conditions to be fulfilled under s. 41(1)(b)(ii), with
reasons and materials supporting arrest, to be sent to Magistrate, for further perusal and
subsequent authorization of detention if at all. Alternatively, in case of no arrest, with reasons
recorded in writing, Magistrate should be intimated within two weeks of institution of case. If
arrest under s.41 is not required then s. 41A, states that issuance of notice by the police to
accused directing his presence at a time and place, and his subsequent compliance protects him
from arrest unless for reasons to be recorded in writing, the police opinionate that arrest is
necessary. In Dowry cases where punishment can be up to 2 to 3 years maximum, aforesaid
provisions ensure that despite the dubious reputation of s.498A and the like, due procedure
protects both the victim and the wrongly accused. Guidelines ensure that non-compliance will
impose penalty via departmental action against erring police officers. In pith and core, s.489A
of IPC and Section 4 of Dowry Prohibition Act, r/w sections 41(1)(b)(ii) and section 41A of
Cr.P.C. acts as a deterrent for police officers against automatic arrest and in genuine cases
protects wrongly accused against harassment and humiliation, and only upon the fulfillment of
the CONDITONS PRECEDENT can arrest be made without warrant.
Section 41 (1) (b), for cognizable offences punishable with less than or up to seven years
imprisonment with or without fine enumerates that, upon reasonable cause, suspicion, credible
information against accused, police officers should arrest after being satisfied of conditions
precedent, to be followed if it is to prevent any further commission of offence, to conduct
investigation, to prevent any undue influence or threat against witnesses which would dissuade
them from furnishing information to court or officers or deliberate tampering/disappearing of
evidence and if arrest is the only way to ensure presence of accused in the Court.