Pursuant to an FIR filed under section 420 read with s. 34 of the Indian Penal\u00a0 Code, 1860 and Section 66D of the Information Technology Act, 2000 alleging fraud, the Petitioners were arrested. The petitioners claimed that the manner in which they were arrested was in violation of the norms set by the Supreme Court and that their dignity had been sullied. The Petitioners claimed compensation.<\/p>\n
\u00a0<\/p>\n
The Court was concerned with the guidelines that need to be followed during arrest of persons in relation to certain types of offences that meet the criteria prescribed by Section 41 and 41A of the Code of Criminal Procedure, 1973.<\/p>\n
\u00a0<\/p>\n
No arrest should be made without being satisfied of the genuineness and bona\u00a0 fides <\/em>of a complaint and a reasonable belief as to the accused person\u2019s complicity and the imminent need to effect his arrest. Denying a person his liberty is a serious matter.<\/p>\n \u00a0<\/p>\n Before the police proceed to arrest, certain guidelines prescribed by the Supreme Court in DK Basu v. State of West\u00a0 Bengal (1997) 1 SCC 416 <\/em><\/strong>must be adhered to\u00a0 by Police. As per Section 41A of the Code of Criminal Procedure, 1973 a person accused of an offence punishable with imprisonment for a term which may be\u00a0\u00a0\u00a0 less than seven years or which may extend to seven years with or without fine,\u00a0\u00a0 can be arrested by the police officer only on his satisfaction that such person had committed the offence. In such cases, a police office has to be further satisfied\u00a0\u00a0\u00a0 that such arrest is necessary:<\/p>\n \u00a0<\/p>\n \u00a0<\/p>\n The accused is obliged to appear before the police officer and if he\/she complies with the terms of notice, he shall not be arrested, unless the officer deems such arrest necessary.\u00a0 In such a case, the reasons for the same have to be recorded by\u00a0 the officer in terms of theguidelines. (WP (Cri) No. 30 of 2015 dt. 3-6-2016)<\/p>\n \u00a0<\/p>\n Editorial<\/em><\/strong>: The guidelines set out by the Supreme court and highlighted in this\u00a0\u00a0 case are important in ensuring that the law enforcement agencies do not act overzealously and curtail the liberty of the citizens without reasonable justification for the same, by arresting the accused, especially when the alleged crime in question is not a serious one i.e where involving the imprisonment not exceeding seven years. In Youth\u00a0 Bar Association of India v.\u00a0 UOI AIR 2016 SC 4136\/(2016)\u00a0\u00a0 9 SCC 473\/MANU\/SC\/1339\/2016 <\/em><\/strong>The Supreme Court in this case set out important guidelines to be followed in uploading FIRs on the official website of the State police. Guidelines also contained the procedure to be followed in order to obtain\u00a0\u00a0\u00a0 a copy of the same in certain special circumstances.<\/p>\n \u201cThe essence of all religions is one. Only their approaches aredifferent.\u201d<\/em><\/p>\n – Mahatma Gandhi<\/p>\n","protected":false},"excerpt":{"rendered":" Code of Criminal Procedure,1973Held<\/h3>\n
\n
\n
\nS.41: Arrest – Procedure to be followed by Police Officer if situation\/circumstance is covered u\/s 41 and 41A of the Cr.P.C., i.e., where the maximum sentence for such a crime would not exceed 7 years and where proper reasoning for the arrest is required.[Code of Criminal Procedure, 1973, S.41A Constitution of India , Art , 32 ]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4],"tags":[],"class_list":["post-13158","post","type-post","status-publish","format-standard","hentry","category-allied-laws"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-3qe","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13158","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=13158"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13158\/revisions"}],"predecessor-version":[{"id":13159,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13158\/revisions\/13159"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=13158"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=13158"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=13158"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}