Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest

The circular was issued on Tuesday in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs. The State of Jharkhand & Anr. 2023 LiveLaw (SC) 583 wherein the Top Court on July 31 directed the high courts and the state police chiefs to issue notifications and circulars in terms of the 2014 judgement to ensure strict compliance with the guidelines.

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

11.1 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.

11.2 All police officers be provided with a check list containing specified sub-clauses under Section 41(1) (b0(ii).

11.3 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.

11.4 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.

11.5 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.

11.6 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.

11.7 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.

11.8 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 adds 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.