1- NON COMPLIANCE OF SECTION 41 AND 41 A CR.P.C - SUPREME COURT JUDGMENT

 NON COMPLIANCE OF SECTION 41 AND 41 A CR.P.C - Courts should come heavily on police officer making arrest in contravention of the provisions of section 41 and 41 Cr.P.C.

Code of Criminal Procedure, 1973; Section 41 - Scope - Even for a cognizable offense, an arrest is not mandatory as can be seen from the mandate of this provision

Code of Criminal Procedure, 1973; Sections 41, 41A - The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for grant of bail - The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 - Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action - State Governments and the Union Territories to facilitate standing orders for the procedure to be followed under Section 41 and 41A of the Code.

We also expect the courts to come down heavily on the officers effecting arrest without due compliance of Section 41 and Section 41A. We express our hope that the Investigating Agencies would keep in mind the law laid down in Arnesh Kumar (Supra), the discretion to be exercised on the touchstone of presumption of innocence, and the safeguards provided under Section 41, since an arrest is not mandatory. If discretion is exercised to effect such an arrest, there shall be procedural compliance. Our view is also reflected by the interpretation of the specific provision under Section 60A of the Code which warrants the officer concerned to make the arrest strictly in accordance with the Code.

Arrested person is entitled for bail ff the provisions of 41 and 41 A Cr.P.C. is not followed.

No need of forwarding the accused in custody u/s 170 . police report can be submitted to the court without forwarding the accused.

SATENDER KUMAR ANTIL versus CENTRAL BUREAU OF INVESTIGATION & ANR.

MISCELLANEOUS APPLICATION NO.1849 OF 2021 IN SPECIAL LEAVE PETITION (CRL.) NO.5191 OF 2021 decided on 11/7/22 Supreme Court