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Synopsis

The Calcutta High Court has issued a notification directing the state government to instruct its police officers not to automatically arrest when a case under Section 498-A Indian Penal Code (IPC) is registered.

High Court has further said that police officers must satisfy themselves in cruelty cases about the necessity for arrest under the parameters laid down in Section 41 Criminal Procedure Code (CrPC).

Notification has been issued in pursuance of the recent direction of the Supreme Court of India, issued on July 31, 2023, in Md. Asfak Alam vs. The State of Jharkhand & Anr, wherein top court had ordered that circulars, notifications and instructions may be issued to ensure that police authorities and criminal courts strictly adhere to the guidelines on arrest laid down in the 2014 Arnesh Kumar case.

The guidelines have been issued with the aim to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorize detention casually and mechanically.

High Court has added that all police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii) of CrPC to be followed for arrests.

"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", notification adds.

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, it has been notified.

"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. 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 states.