Tushar Suman, Symbiosis Law School, Nagpur, India
I. INTRODUCTION:
Arnesh Kumar v. State of Bihar 1is considered to be one of the recent landmark judgements from the Apex Court that provides concrete directions that police have to act in accordance with while making use of power of arrest in cases “where the offence is punishable with imprisonment for a term which may be less than 7 years or which may extend to seven years whether with or without fine”. Any arrest that is being made by a competent authority curtails the freedom and liberty of an individual which is a Fundamental Right which comes under the umbrella of Article 21 2. This judgment tries to bring a notion that arrest should not be a general rule instead it should be done in exception matters “where the offence is punishable with imprisonment for a term which may be less than 7 years or which may extend to seven years whether with or without fine”. Also, since the discretion regarding use of this power rests with the police in that case there needs to be a proper set of protocols that needs to adhered to while making an arrest is the crux of this whole judgement.
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