Provide Check List To Police On Power Of Arrest, No Automatic Arrests U/S 498A IPC: Calcutta High Court Issues Guidelines

The Calcutta High Court has recently issued a notification, framing guidelines for all criminal courts in West Bengal and Andaman & Nicobar Islands, pertaining to arrest by police officials, in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs The State of Jharkhand & Anr.

It said: “The endeavour of the Hon’ble Supreme Court in the above-mentioned judgment is to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorize detention casually and mechanically.”

Notably, in the aforesaid case, the Supreme Court had asked for the guidelines on arrest laid down in the case of Arnesh Kumar v State of Bihar to be scrupulously followed.

Accordingly, the Calcutta High Court has issued the following guidelines:

1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr.P.C.
2. All police officers be provided with a check list containing specified sub-clauses under Section 41(1) (b0(ii).
3. The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
4. The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.
5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
6. Notice of appearance in terms of Section 41-A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
7. Failure to comply with directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.
8. Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

The notification also lays down that the aforesaid directions may not only apply to a case under 498A IPC, but also to cases where the offence alleged is punishable for a term less than or up to seven years.

Click Here To Read/Download Notification