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 a term which may be less than seven years or which 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 clauses (a) to (e) of s.41(1) - Arrest brings humiliation, curtails freedom and casts scars forever - The need for caution in exercising the drastic power of arrest has been emphasized time and again by courts but has not yielded desired result - The attitude to arrest first and then proceed with rest is despicable - It has become a handy tool to police officers who lack sensitivity or act with oblique motive - No arrest should be made only because the offence is non- bailable and cognizable and therefore, lawful for police officers to do so - No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person - Directions given in order to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically - Penal Code, 1860 - s. 498-A - Dowry Prohibition Act, 1961

s. 41-A - Notice of appearance before police officer - Held: Where the arrest of a person is not required u/s 41(1), police officer is required to issue notice directing the accused to appear before him at a specified place and time - Law obliges such an accused to appear before police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, police officer is' of the opinion that arrest is necessary - At this stage a/so, condition precedent for arrest as envisaged u/s 41 has to be complied and shall be subject to scrutiny by Magistrate.

s.167 r/w s. 57- Judicial Magistrate authorising accused to police remand - Held: The power u/s 167 to authorise detention is a very solemn function - It affects the liberty and freedom of citizens and needs to be exercised with great care and caution - Before a Magistrate authorises detention u/s 167, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested is satisfied -- The police officer effecting the arrest is required to furnish to the Magistrate, the facts, reasons and its conclusions for arrest and Magistrate in tum -is to be satisfied that condition precedent for arrest u/s 41 has been satisfied and it is only thereafter that he will authorise detention of an accused - Constitution on India, 1950 - Art. 22

BAIL:

Application of appellant for anticipatory bail - In a case involving offences u/s 498-A, /PC and s.4 of Dowry Prohibition Act - Declined by High Court - Provisional bail granted by Supreme Court on certain conditions - Held: Order granting bail made absolute - Penal Code, 1860 - s.498-A - Dowry Prohibition Act, 1961 - s.4.