What are Arnesh Kumar Guidelines?

In Arnesh Kumar (supra), the Supreme Court had issued the following directions to prevent unnecessary arrest and causal and mechanical detention:

All the State Governments to instruct their police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

• All police officers be provided with a checklist containing specified sub-clauses under Section 41(1)(b)(ii);
• The police officer shall forward the checklist duly filed and furnish the reasons and materials which necessitated the arrest while forwarding/producing the accused before the Magistrate for further detention;
• The Magistrate while authorising 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 authorise detention;
• 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;
• Notice of appearance in terms of Section 41A of 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;
• 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 of court to be instituted before 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.
• Directions aforesaid shall not only apply to the cases under Section 498-A of the IPC or Section 4 of the Dowry Prohibition Act, but also such cases where the 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.

The Court noted that notice under Section 41A of the CrPC should be mandatorily served by the Police authorities on the accused within two weeks of the date of institution of the case which was not done in this case.

Further, failure to comply with these directions renders the responsible Police Officer liable for departmental action and to face punishment for Contempt of Court instituted before the High Court.

It also says that these directions shall apply to all cases where the offence is punishable with imprisonment for a term less than 7 years or which may extend to 7 years, with or without a fine.