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Verified Supreme Court of India Good law · cited 340+
Arnesh Kumar v. State of Bihar
(2014) 8 SCC 273 · Bench: C.K. Prasad, P.C. Ghose · 2 July 2014
HeadnoteSafeguards against automatic arrest under §41 CrPC in offences punishable up to seven years.
FactsAnticipatory bail sought in a §498A IPC matter; challenge to routine arrest.
OutcomeAllowed — guidelines issued to police and magistrates.
HoldingArrest must not be routine; officers must record reasons and satisfy §41(1)(b).
RatioPersonal liberty under Article 21 requires necessity, not mere power, before arrest.
Key passage“No arrest can be made in a routine manner on a mere allegation of commission of an offence…”
Acts referenced§41 CrPC§41A CrPC§498A IPCArt. 21
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