CASE COMMENT ON “ARNESH KUMAR V. STATE OF BIHAR, (2014) 8 SCC 469
BENCH: JUSTICE C.K. PRASAD & JUSTICE P.C. GHOSE
AUTHORS – MS. NEHAL DEWANI & MS. DIYA JAIN, STUDENTS AT SLS NAGPUR
BEST CITATION – MS. NEHAL DEWANI & MS. DIYA JAIN, MS. NEHAL DEWANI & MS. DIYA JAIN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 563-565, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT & INTRODUCTION
One of the historic judgements of the Supreme Court that is “Arnesh Kumar v. State of Bihar”[1] provides principles that while making an arrest the police have to work in accordance with these principles for the offences punishable by imprisonment less than or equal to 7 years and which may be with or without fine. The judgement provides that the arrest should made only in exceptional cases and it should not be general in offences which are punishable for imprisonment less than or equal to 7 years which may be with or without a fine. In the 1980s there was a huge increase in cases related to dowry and violence against married women. The Indian Penal Code in section 498[2] prescribes punishment for 3 years and fine and the offence was cognizable and non-bailable which provided powers to police officers under section 41[3] 0f CrPc. Initially, it was having a positive impact after its execution which reduced the number of dowry deaths but after the passing of time, it was misused by the married women against married men. Consequently, the not-guilty husband and his family used to face groundless charges under ‘section 498’ of IPC. With the passing of time court also understood by thorough investigation and by the interrogation of the parties that the number of these illusory cases have increased and so the cases which are undecided have increased. In judgement for Preeti Kumar & Anr v. State of Jharkhand [4]The Supreme Court ordered to conduct a detailed enquiry before making an arrest under the scope of the particular provision, but none of them was applied and followed in real life.
[1] “Arnesh Kumar v. State of Bihar (2014) 8 SCC 469.”
[2] Section 498-A, Indian Penal Code, 1860.
[3] Section 41, Code of Criminal Procedure,1973.
[4] “Preeti Kumar & Anr v. State of Jharkhand (2010) 7 SCC 677.”