Arnesh Kumar v. State of Bihar

Facts

• Arnesh Kumar was accused under S.498A IPC (cruelty by husband, punishable up to 3 years) and S.4 Dowry Prohibition Act.
• Police arrested him immediately upon FIR registration without assessing whether arrest was necessary.
• The Supreme Court took cognizance of widespread misuse of S.498A through automatic arrest of husband and family members.

Issues

1. Whether police are obligated to arrest in every cognizable case.
2. What safeguards should govern exercise of arrest power for offences punishable with up to 7 years.

Held

• S.41 CrPC (now S.35 BNSS) empowers but does not mandate arrest. The power to arrest is not the duty to arrest.
• For offences punishable with up to 7 years, police officer must be satisfied that arrest is necessary to: prevent further offence, ensure proper investigation, prevent evidence tampering, prevent influence on witnesses, or ensure accused's presence.
• Police officer must record reasons in writing for believing arrest is necessary.
• Magistrate must verify compliance with S.41(1)(b) conditions before authorizing detention.
• Non-compliance makes arrest illegal and officer liable for departmental action.

Ratio Decidendi

Personal liberty under Art.21 mandates that arrest, the most severe interference with liberty short of conviction, must be exercised only when demonstrably necessary. For offences up to 7 years punishment, automatic arrest is disproportionate and unconstitutional. The investigating officer must apply mind and record reasons; the Magistrate must verify compliance.