Supreme Court · 2014 INSC 463 · Decided 2 July 2014
Arnesh Kumar v. State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 463 · [2014] 8 S.C.R. 128
- Case number
- CRIMINAL APPEAL No. 1277/2014
- Decided
- 2 July 2014
- Bench
- C.K. PRASAD, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 498, 4; CrPC Section 41an, 41; Constitution
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: s.41and 167 - Arrest by police without warrant - Of persons accused of offences punishable with imprisonment upto seven years - Held: Section 41 makes it evident that a person accused of offence punishable with imprisonment for 0 a term which may be less than may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence - Before arrest police officer to record his satisfaction with regard to factors enumerated in E clauses (a) to (e) of s.41(1) - Arrest
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