Know about Arnesh Kumar v. the State of Bihar Judgement

1. Know about Arnesh Kumar v. the State of Bihar Judgement Arnesh Kumar v. the State of Bihar ​ is a landmark judgment, which ​ was pronounced by the Apex Court as it imposed further checks and balances on the powers of the police before an arrest under section 498-A of Cr.P.C can be done which deals with dowry cases.​4​​ The court held that: ● No arrests should be made on the basis of the offence being non-bailable and cognizable. The manner of the arrest should not be casual and based on a mere allegation made against a person. The arrest should be preceded by initial investigations by the officer to assess the genuineness of the complaint. ● Proper facts and reasons should be presented before a Magistrate by the officer affecting the arrest within 24 hours of the arrest. The Magistrate in turn is to be satisfied that condition precedent for arrest under Section 41 Cr.P.C has been satisfied and it is only thereafter that he will authorize the detention of an accused. ● Police office must ensure that they do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. The police officer shall be provided with a checklist for arrest that come under section 41 of the CrPC and they shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest. ● On top of arrest powers, the decision not to arrest an accused must also be forwarded to the Magistrate within two weeks from the date of the institution of the case with a Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. ● Not only Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, but this judgement will apply to all matters where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

2. The police force has not learnt a thing in the past 140 years and seems to maintain its identity of being a brash and spoilt unit that seems to exploit their extensive rights over the citizens of this Republic for their own personal gain and in complete contrast to the law. The justice system seems to be ignorant of this issue while being aware of it through the various crime statistics presented time and again. Physical freedom of an individual is an unparalleled right which doesn't seem to mean anything to these parties which displays a general lack of social conscience and leads to a further trust deficit in the justice system which can lead to further issues such as non-reporting of crimes and the gradual extinction of good Samaritans. Therefore, a massive overhaul in the education provided to the police force is needed, justice system needs a sense of realization of this issue and the introduction of a systematic system to maintain accountability is required as soon as possible to retain the last remaining drops of trust and eventually come on par with the less corrupt forces around the world. Read Full Judgement here -​​ Arnesh Kumar v. the State of Bihar