Arnesh Kumar: no automatic arrest in cruelty cases

What the case was about

Arnesh Kumar’s wife filed a case against him under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. Fearing arrest, he sought anticipatory bail, which the High Court refused. The matter reached the Supreme Court.

What the Court held

• For offences punishable with up to seven years, the police cannot arrest a person just because the offence is cognizable and non-bailable.
• Before arresting, the police must be satisfied under Section 41 of the CrPC that the arrest is necessary, and must record the reasons.
• When producing the accused, the police must give the Magistrate the reasons for the arrest. The Magistrate authorises detention only after going through them.
• Where an arrest is not needed, a notice of appearance under Section 41A must be served within two weeks of the case being registered.
• Officers who do not follow these directions can face departmental action and contempt proceedings.

Where it stands today

The directions are not limited to 498A; they apply to all offences punishable with up to seven years. Since 1 July 2024, these arrest provisions are in Section 35 of the BNSS, and 498A is now Section 85 of the BNS.