The latest guidelines on arrests and bail orders
- SC in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests to comply with Section 41 and 41A of Code of Criminal Procedure, 1973.
- These guidelines are in addition to earlier laid in Arnesh Kumar vs State of Bihar (2014).
How is person arrested?
- Police have wide powers to arrest under Code of Criminal Procedure, 1973.
- Arrest and detention in police lock-up can cause incalculable harm to reputation and self-esteem of a person.
Sections 41 and 41A of the Code of Criminal Procedure
- Section 41:
- Provides circumstances in which arrest can be made by police without a warrant
- Mandates reasons to be recorded in writing for every arrest and non-arrest.
- Section 41A:
- Requirement of notice to be sent by investigating agencies before arresting in certain conditions prescribed by Code.
Guidelines w.r.t bail
- Comply with mandate laid down in Siddharth vs State of U.P., 2021 judgement.
- Dispose bail applications within two weeks except if provisions mandate otherwise .
- Dispose applications for anticipatory bail within six weeks with exception of any intervening application.
Steps to be taken for compliance of these orders
- Constitute special courts.
- Fill vacancies of Presiding Officers of special courts expeditiously.
- Address Infrastructural requirements in judiciary.
What about undertrial prisoners?
- Appropriate action under Section 440 of Code, facilitating their release.
- Under Section 440, amount of bond shall not be excessive
- High courts and sessions courts may reduce amount prescribed by the magistrate or a police officer.
- Comply with Section 436A of the Code
- A person imprisoned during investigation or trial shall be released on bail on completion of half of the jail term prescribed for that offence.