Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused

A notification to this effect issued by Registrar General Mr Shahzad Azeem,

“Acting in compliance to the directions of the Hon'ble Supreme Court of India in its order dated 31.07.2023 in the case titled Md. Asfak Alam vs State of Jharkhand Cr. Appeal No 2207 of 2023, theHigh Court of Jammu & Kashmir and Ladakh hereby notifies the directions contained in the said judgment as Guidelines on Arrest, Detention and Bail of accused, for the guidance of the Magistrates and the Criminal Courts subordinate to the High court of Jammu & Kashmir and Ladakh”.

Under these guidelines, police officers have been instructed not to automatically arrest individuals under Section 498-A of the Indian Penal Code, but to carefully evaluate the necessity for arrest based on the parameters outlined in Section 41 of the Criminal Procedure Code (CrPC). A detailed checklist has been provided to all police officers, ensuring that the decision to arrest is made after thorough consideration of the provided criteria.

The guidelines also spell out that police officers shall forward the check list dully filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention. The Magistrate, in turn, must review the report and satisfy themselves before authorizing further detention, the notification reads.

Furthermore, the notification also states that the decision not to arrest an accused must be forwarded to the Magistrate within this period, along with a copy, and any extension of this deadline must be supported by valid reasons recorded in writing by the Superintendent of Police of the district.

Additionally, notice of appearance in terms of Section 41-A of the CrPC must be served on the accused within two weeks from the date of the institution of the case. The Superintendent of Police of the district may extend this deadline, provided valid reasons are documented in writing, the notification mandates.

Warning against non-compliance of these directions the notification states that the failure to comply with these guidelines will not only render police officers liable for departmental action, but they may also face contempt charges before the High Court.

It adds,

"Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the High Court".

Importantly, the notification clarifies that these guidelines are not limited to cases under Section 498-A IPC or Section 4 of the Dowry Prohibition Act but extend to all cases where the offence is punishable with imprisonment for a term ranging from less than seven years to up to seven years, with or without a fine.

Click Here To Read/Download Notification