Arham Jain
Introduction
Arnesh Kumar v. State of Bihar is one of the landmark precedents in the matters of arrest. Arrest means deprivation of a person of his liberty by legal authority or atleast by apparent legal authority. Also it is notably seen that every compulsion or physical restraint is not arrest but it would amount to arrest when the restraint is the total deprivation of liberty. Unlawful and extended arrests have been increasing in the nation. The police in the shadow of the powers granted to them in the matters of arrest, arbitrary use them which gradually results in the overcrowding from prisoners and delay in justice. The subsequent fundamental right under Article 21 of the Indian Constitution, Right to Life and Personal Liberty, gets violated. Due to this ongoing grave situation in the nation, the Supreme Court laid down few guidelines to regulate the process of arrest by the administration or the police. The Supreme Court also ruled that the fundamental rights of a person are to be upheld over the power of police during the process of arrest, and also stated the administration to strictly follow the principle of “Innocent Until Proven Guilty.”
Key Provisions
The sections 498A and 41,41A &57 of Indian Penal Code, 1860 and Code of Criminal Procedure, 1973 respectively.
Facts of the Case
The Petitioner, Arnesh Kumar in this case, filed a Special Leave Petition for taking the orders of anticipatory bail under Supreme Court of India. The Petitioner married to Sweta Kiran on 1st July 2007. After few years, Shweta started alleging her in-laws, specially mother-in-law and father-in-law, that they demanded dowry from her. Further alleging she added that they demanded for a Maruti Car, a television set, an air conditioner, the cash amount of Rs. 8,00,000 and many other things. She raised her voice against her in-laws and informed the scenario to her husband, but the husband latter favoured her mother and additionally threatened her that he’ll marry someone else in the demands would not be fulfilled.
Shweta also alleged that due to not meeting the dowry demands, she was forced to leave her marital home.
The accused, Arnesh Kumar, denied all the allegations and for the purpose of avoiding any future legal liability he applied for the anticipatory bail which was duly rejected by Session Judge and High Court.
Issues Raised
In the Case of Arnesh Kumar v. State of Bihar, the Supreme Court laid down the following issues:
- Whether the anticipatory bail is to be granted to the Petitioner or not?
- Whether the High Court and Session Court justified in rejecting Petitioner plea for anticipatory bail?
- Whether the police use arbitrary powers during arrest which undermines the fundamental principle of law and justice?
Contentions of the Parties
Petitioner
The Petitioner argued that the case made out is solely on the basis of false allegations hence he denies all the allegations imposed. The petitioner also stated that there were no reports stating any physical mark to the respondent therefore her claim for physical torture stands null. While there is no appropriate no documentary or oral evidence for the demand of dowry, thus leading this allegation also false. He also added that the police without any proper investigation and solely on the basis of the complaint filed the case against him and used its power in arbitrary manner. Adding to the contentions, he said that there is also the misuse of the Section 498A of Indian Penal Code and this misuse has grossly violated the Article 21 of the Indian Constitution which grants the Petitioner or any other individuals Right to Life and Personal Liberty. Also the petitioner contented that there are lack of arrest provisions in the statutory law which motivate the police to misuse their powers.
Respondent
The Respondent, the wife, contended that the husband and her in-laws grossly tortured her mentally by demanding the dowry and threatening to her in case of there is failure to meet those demands. The husband also tortured her physically hence giving her physical injury and also threaten her that he’ll marry someone else, as per the contentions of the wife. The Respondent argued for stricter provisions under Section 498A of Indian Penal Code in the light of increasing dowry harassment and domestic violence cases in India. The Respondent also justified the act of police in acting accordance with the Section 41 of Code of Criminal Procedure, to avoid any further commission of offences.
Observation of Court
Justices Pinaki Chandra Ghose and Chandramauli K.R Prasad, a two Judge panel on 2nd July 2014 gave the judgement on the application of Special Leave Petition submitted in Supreme Court in the case of Arnesh Kumar v. State of Bihar. The Court observed that the ambit of Section 498A is unclear and it prove out to be a potential tool for discontented wives, resulting in false allegations of dowry and domestic violence. The provision also holds value as it is non-Bailable and cognizable and the accused are to be arrested even in lack of substantive evidences. It is also noted by the court that some women are misusing this provision against their in-laws in order to cause them trouble. Therefore, due to the increasing intensity of such crime the court ordered the police from not making any arrest solely on the basis of the complaints.
The Court further contended that the police to act in accordance with Section 41 of CrPC which provides a checklist to determine the necessity of an arrest. The Court also stated that the Magistrate is required to note the reasoning that whether the arrested person should be kept in further custody or not and ordered the police to maintain a dignity of law and order in the society.
Guidelines Laid Down by the Supreme Court
Following guidelines were given of arrest by the Supreme Court in the case of Arnesh Kumar v. State of Bihar:
- Under section 498A of IPC while dealing with the dowry cases the arrest should not be made out in a casual manner and on mere allegation made against person. The initial investigation should be done before arresting to assure the genuineness of the complaint only because the offence is non bailable and cognizable the arrest should not be done.
- In case of the need to arrest the person, the matter has to be represented before the magistrate within the 24 hours of arrest. Further the magistrate would authorise detention only if the conditions of arrest have been complied with.
- The police officer shall be provided a list or a checklist for arrest mentioning the reasons and materials which makes the arrest necessary.
- In case the arrest has not been made, the police officer is under an obligation to state the reasons why the arrest has not been made out. The document regarding the same has to be forwarded to the magistrate within 2 weeks of investigation of the case.
- In case of illegal detention, the departmental enquiry against the concerned police officer would be initiated by the concerned High Court.
- The guidelines are not restricted to the matters of 498A but are applicable to all the offences where the punishment is not less than 7 years and may extend to 7 years and above.
Conclusion
The Case of Arnesh Kumar v. State of Bihar is a landmark precedent against the arbitrary arrest by the police officers specially in the cases of dowry harassment and domestic violence. Further the Court noticed the misuse of the statutory provisions of Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act by the wives against her in laws and husband. The Court also laid down few guidelines for the police to be followed during the process of arrest specially in cases of dowry harassment. The Court also stated that non-compliance with the above stated guidelines would lead to the strict departmental inquiry against the concerned authorities or police officer.
Case Name- Arnesh Kumar v. State of Bihar
Petitioner- Arnesh Kumar
Respondent- State of Bihar
Case Number- Criminal Appeal No. 1277 of 2014
Bench- Justices Pinaki Chandra Ghose and Chandramauli K.R Prasad
Decided On- 2 July 2014
Click here to access the Judgement
Instagram: Click here.
LinkedIn: Click here.
For Collaboration and Business: info.desikaanoon@gmail.com