Arnesh Kumar v. State of Bihar (2014) 

Date Of Judgment: 

July 2, 2014

Jurisdiction: 

Supreme Court Of India 

Bench: 

Justice Chandramauli Kr. Prasad and Justice Pinaki Chandra Ghose

Parties:

Appellant: Arnesh Kumar

Respondent: State Of Bihar

Provisions Involved: 

Section 498A of the Indian Penal Code, 1860, Section 41 of the Criminal Procedure Code, and Section 4 of the Dowry Prohibition Act, 1961

Historical Background and Facts in Arnesh Kumar vs State of Bihar

Arnesh Kumar v. State of Bihar (2014) (Arnesh Kumar Guidelines) is an important judgment of the Supreme Court of India. The judgment emphasises that arrests should not be common, especially in cases where a sentence of less than seven years imprisonment may be imposed. The guidelines instruct the police to carefully consider whether an arrest under Section 41 of the Criminal Procedure Code (CrPC) is really necessary.
It is the responsibility of the police officer to ensure that they follow the principles laid down by the Supreme Court in various judgments. Before granting long-term detention, the judge must consider the police officer’s report and ascertain its legitimacy. The decision was supported by activists fighting for men’s rights but was criticised by activists fighting for women’s rights.
Failure to follow the rules laid down in Section 41A of the CrPC and the Arunesh Kumar arrest guidelines could result in legal action being taken against the police officers concerned.

Arunesh Kumar and Sweta Kiran were married on July 1, 2007. A few years later, Sweta Kiran alleged that her husband and in-laws demanded Rs 800,000 as dowry, a Maruti car, an air conditioner and a television. When she refused, her husband threatened to marry another woman, eventually throwing her out of the matrimonial home.

The Supreme Court observed that the number of arrests under Section 498A of the IPC has been on the rise and that the law is open to misuse. According to the “India Crime Report 2012”, 197,762 people were arrested under this provision in 2012, of which 25% were women.

The essential ingredient which can be deduced from Section 498-A of the Indian Penal Code are:

1. Woman must be married
2. Woman is subjected to cruelty or harassment
3. Such cruelty or harassment must have been committed by her husband or her relatives. 

Section 498-A of the Indian Penal Code was introduced to uphold the rights of women and protect them from cruelty. However, in recent times, Section 498-A has been the subject of cases of abuse of power by women and there is a need to counter the tendency of women to implicate the entire family in dowry demand crimes.

Facts:

Arnesh Kumar, who filed the case in court, is married to Sweta Kiran. They got married on July 1, 2007.
The wife has alleged that her mother-in-law and father-in-law demanded Rs 8 lakh as dowry, Maruti car, air conditioner, television etc. When she told this to Arnesh Kumar, he sided with her mother and even threatened to marry someone else.
She also said that she was forced to leave the matrimonial home as her dowry demands were not met. Arnesh Kumar denies these charges. He tried to obtain anticipatory bail, a legal protection from arrest as long as he is not facing charges, but his request was rejected by both the judge and the Supreme Court.
As his attempt to seek anticipatory bail failed, he approached the Supreme Court through a special leave petition titled Arnesh Kumar v. State of Bihar.

Issues Raised:

The case of Arnesh Kumar v. State of Bihar highlighted several issues related to misuse of Section 498A IPC. As NCRB data shows, widespread misuse of this provision has led to arbitrary and random arrests by the police. The Court’s ruling on wrongful arrest and harassment highlighted the need for protective measures. The Court also considered the rights of the accused before and after arrest and advocated a balanced approach to prevent misuse of law, avoiding undue victimisation of the accused while ensuring justice for the victim.

Section 41 CRPC Compliance

The focus of the investigation was on whether the police were strictly adhering to the provisions of section 41 of the Code of Criminal Procedure, which allows police to arrest suspects without a court order or warrant under certain conditions.

Intentional or Unwitting Errors by Police

The case questioned if the police officers’ errors, whether intentional or unintentional, in making arrests without following Section 41 provisions, can be corrected through judicial oversight.

Impact on Anticipatory Bail Cases

A key consideration was whether properly implemented section 41 would significantly reduce the number of anticipatory bail applications filed in court, as misuse of the power of arrest would encourage many people to apply for bail.

1. 1. Section 498-A of the Indian Penal Code, 1860:– Whoever, being a husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
   2. Section 4 of the Dowry Prohibition Act, 1961:– If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, she shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

• Sections 41, 41A, 57, 167, 438 of the Criminal Procedure Code, 1973:–

• Section 41:- It lays the conditions for when police may arrest without a warrant. The rule otherwise requires police to obtain an order from a Magistrate along with a warrant authorizing the arrest of a person.
• Section 41A:- It outlines the procedure to be followed by the police when arresting a person without a warrant or order.
• Section 57:- No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
• Section 167:- Procedure when investigation cannot be completed in twenty-four hours.
• Section 438:- Direction for granting bail to the person apprehending arrest.

• Article 22 (2) of the Constitution of India:-

Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Judgment:-

The Supreme Court has issued guidelines to avoid unnecessary arrests under Section 498A of the Indian Penal Code and ordered that the police must consider the necessity and reasons for the arrest before taking such action. 

• Instruction to State Governments: – State governments must instruct police officers not to automatically arrest a person under Section 498-A of the Indian Penal Code without considering the necessity of the arrest as per the guidelines under Section 41 of the Indian Penal Code.
• Checklist for police officers: – Police officers must use a checklist containing certain sub-clauses as per Section 41(1)(b)(ii) while making an arrest.
• Reporting Arrest Reasons:- Police officers must send the completed checklist and grounds for arrest to the Magistrate while producing the accused for further custody.
•  Role of the Magistrate: – The Magistrate must consider the police report and checklist before authorising the arrest and find that the reasons given are satisfactory. 
• Decision not to arrest: – In case of not making an arrest, the decision must be reported to the magistrate within two weeks of the initiation of the case. This time limit may be extended by the district police chief giving written reasons. 
• Notice of Appearance: – The accused must be served with summons under Section 41-A of the CrPC to appear within two weeks. This time limit may be extended by the police chief giving written reasons.
•  Compliance and penalties: – Failure to comply with these directions may lead to departmental action and contempt of court may be taken against the police officer.
•  Judicial liability: – If the magistrate allows detention without recording the reasons therefor, he will be subject to departmental action by the concerned High Court. 

The court emphasised that these directions are applicable not only to Section 498-A of the IPC and Section 4 of the Dowry Prohibition Act but also to offences punishable with imprisonment up to seven years. The aim is to prevent unnecessary arrests and to ensure that  police officers and judges do not act mechanically. 

Reaction:-

While the decision was welcome as a landmark decision upholding the rights of innocent people, it also drew criticism from feminists who believed the decision would only weaken women’s negotiating power.

The Supreme Court in Para 13 of the judgment issued certain directions in order to prevent unnecessary and unreasonable arrests by police and unwarranted detentions by the Magistrate, provided the following guidelines/directions-

• State governments must instruct police authorities not to arrest anyone on a single charge when a case is registered under Section 498-A of the Indian Penal Code. Arrests should be made only if the circumstances meet the criteria laid down in Section 41 of the Code of Criminal Procedure.
  All police officers should take into consideration the nine-point checklist mentioned in Section 41(1)(b)(ii). 
• Police should present the checklist along with reasons and evidence for arrest while producing the accused before a detention.
• magistrate should rely on reports and documents provided by the police while granting further custody. 
• The magistrate should be informed of the decision not to arrest the defendant within two weeks of the start of the trial. The Superintendent of Police may extend this period. 
• If the police fail to comply with a court order, they may be prosecuted for contempt of court by the relevant High Court. 
• If judicial magistrates grants detention without written reasons, administrative proceedings may be instituted against the recording reasons. 
• A summons to appear under Section 41A of the Code of Criminal Procedure must be served on the defendant within two weeks of the date of the start of the proceedings. This period may be extended by the Superintendent of Police.

Aftermath:-

In 2014, it was reported that the Arnesh Kumar guidelines issued by the Supreme Court of India were not being followed by police stations due to a communication gap. 

In May 2021, the Amicus Curiae expressed concern that the Madhya Pradesh Police were not following the Arnesh Kumar guidelines. The Madhya Pradesh High Court directed the Director General of Police (DGP) to ensure that the police follow these guidelines. Those arrested without following the Arnesh Kumar guidelines were allowed to apply for regular bail for violating these guidelines. The court also ordered the State Judicial Academy to educate police officers and judges about these guidelines. In 2021, amid the second wave of the COVID-19 pandemic in India, the Supreme Court emphasised that arrests should not be made in violation of the Arnesh Kumar guidelines, considering the overcrowding in prisons. 

In November 2021, the Telangana High Court, while hearing a petition, granted the applicant the right to take legal action against police personnel for violating Section 41A of the CrPC and the procedure laid down in the Arnesh Kumar guidelines. The court directed the police to strictly follow the procedure and guidelines, emphasising the gravity of the deviation. 

On January 4, in an important judgment, the Delhi High Court convicted a police officer for contempt of court for arresting a man in violation of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. The officer was sentenced to one day imprisonment for contempt of court.

In August 2022, the Allahabad High Court convicted a police officer for violating the “Arnesh Kumar Guidelines.” The court sentenced the officer to 14 days in jail.

CONCLUSION:-

 This landmark judgement in Arnesh Kumar v. State of Bihar led by a bench of Justices Prasad and Ghose has brought to light the issue of misuse of Section 498A IPC. The court issued directions to state governments and police on how to deal with arrests where a charge sheet has been filed under Section 498A IPC and bail has been granted to an accused who has been arrested without following the guidelines.
The Supreme Court discussed the core issue of criminal justice and the arresting powers of law enforcement agencies. The Arnesh Kumar guidelines issued by the Supreme Court have made it easier to determine the conditions and necessity of arresting a person on mere complaints or allegations without reasonable evidence.