The latest guidelines on arrests and bail orders

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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.