The High Court of Jammu & Kashmir and Ladakh has issued guidelines in accordance with the directions given by the Hon'ble Supreme Court of India in its order dated July 31, 2023, in the case titled "Md. Asfak Alam vs State of Jharkhand Cr. Appeal No 2207 of 2023." These guidelines pertain to the procedures for the arrest, detention, and bail of accused individuals and are intended to provide guidance to Magistrates and Criminal Courts subordinate to the High Court of Jammu & Kashmir and Ladakh.

The guidelines are listed as follows:-

1. Both the Governments of Union Territory of Jammu & Kashmir and Union Territory of Ladakh to instruct its police officers not to automatically arrest accused when a case under Section 498-A Indian Penal Code 1860, is registered but to satisfy themselves about the necessity for arrest under parameters laid down and flowing from Section 41 CrPC; 

2. All the police officers be provided with the check list containing specified sub-clauses under Section 41(1)(b)(ii);

3. The police officers shall forward the checklist 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 CrPC 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 the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt to be instituted before High Court;

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

9. The aforesaid directions shall not only apply to case under Section 498- A IPC or Section-4 of the Dowry Prohibition Act, but also to such other cases 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.
   

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