Date: 01-08-2023

In a significant decision, the Supreme Court directs the issuance of circulars, notifications, and instructions to ensure strict adherence to the guidelines on arrest laid down in the 2014 Arnesh Kumar case.

The Supreme Court has taken cognizance of the misuse of Section 498A of the Indian Penal Code (cruelty to woman), particularly in relation to dowry demands, and has issued guidelines to prevent unnecessary arrests. A division bench of Justices S Ravindra Bhat and Aravind Kumar has now ordered High Courts to frame the Arnesh Kumar guidelines into notifications and guidelines for Sessions Courts and other criminal courts to follow.

Directors General of Police in all states have also been directed to ensure strict compliance with these guidelines. The concerned authorities are required to issue these directives within eight weeks, and they must file an affidavit of compliance before the Supreme Court in ten weeks' time.

The recent decision was made while granting bail to a man accused in a matrimonial dispute, including charges of dowry harassment, cruelty, and criminal intimidation. The Supreme Court emphasized that bail should ordinarily be granted, considering an individual's right to personal liberty under Article 21 of the Constitution. The Court may exercise its discretion in serious cases, considering factors such as the gravity of the alleged offence, the ability of the accused to influence the investigation, and the likelihood of the accused absconding.

In this specific case, the Court found that the accused had cooperated with the investigation, and there were no extraordinary circumstances to deny him pre-arrest bail. The Court criticized the High Court for mechanically rejecting the anticipatory bail plea and directing the accused to surrender and seek regular bail before the trial court.

The Supreme Court's decision to uphold the individual's right to personal liberty and prevent misuse of Section 498A is expected to have a significant impact on arrest procedures and protect individuals from unnecessary incarceration.