Arnesh Kumar Vs. State of Bihar

Arnesh Kumar was arrested under Section 4 of the Dowry Prohibition Act, 1961 after his wife alleged that he demanded dowry from her. Denying the allegations, Kumamr requested anticipatory bail, but his request was denied. This led him to file a Special Leave Petition, which was granted by the court.

In order to ensure that an arrest or detention is necessary and legal, the police and the Magistrate are required to follow certain protocol. The protocol is often ignored, as was the case here. In this judgment, the court outlined certain measures and internal reforms to curb these kinds of unnecessary and illegal arrests and detentions.

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. … Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically.

Paragraphs 7 and 13Arnesh Kumar Vs. State of Bihar(2014)8SCC273