Criminal Appeal · Supreme Court of India
Arnesh Kumar v. State of Bihar & Anr.
| Case number | Criminal Appeal No. 1277 of 2014 |
|---|---|
| Citation | (2014) 8 SCC 273 |
| Date of judgment | 2 Jul 2014 |
| Petitioner / Appellant | Arnesh Kumar |
| Respondent | State of Bihar & Anr. |
Holding
The Court directed that police should not automatically arrest an accused merely because an offence under Section 498A IPC (or any offence punishable with imprisonment up to seven years) is registered, and required that arrest be preceded by the recording of reasons under Section 41 CrPC, and magistrates to satisfy themselves of the necessity of further detention, to curb misuse of the provision.