#Arnesh Kumar guidelines

The Bombay High Court held that serving a Section 41A CrPC notice after arrest renders the arrest illegal, exposing police manipulation of records and collusion with a developer to frame the petitioner. The court awarded Rs 5 lakh compensation, ordered the investigating Sub-Inspector's suspension, and referred the Magistrate to the Administrative Committee for judicial oversight failures.

Madhya Pradesh High Court rules that the Supreme Court's Arnesh Kumar guidelines on arrest and bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) extend to cow slaughter offences under the M.P. Govansh Vadh Pratishedh Adhiniyam. The court emphasized that undue delay in trial initiation and lack of evidence tampering risks justify bail, reinforcing procedural safeguards for accused in JMFC-triable offences.

The Madhya Pradesh High Court has ruled that allegations of land encroachment on government property, without evidence of fraudulent intent or violent conduct, constitute a civil dispute under the Bhartiya Nagarik Suraksha Sanhita. This means anticipatory bail must be granted under Arnesh Kumar guidelines, preventing criminal arrest for what are essentially revenue or title matters pending before civil authorities.

Andhra Pradesh High Court reinforces that police must strictly adhere to BNSS Section 35(3) and Arnesh Kumar guidelines before arresting accused in offences punishable up to seven years. Non-compliance with procedural safeguards renders arrests arbitrary and liable to judicial intervention.

The Rajasthan High Court ruled that Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a preliminary inquiry before registering an FIR for offences punishable by less than seven years. The court emphasized compliance with the Arnesh Kumar guidelines, holding that failure to conduct such an inquiry renders the FIR unsustainable. This decision impacts procedural safeguards in criminal investigations, ensuring due process for accused persons.

Uttarakhand High Court reinforces that Investigating Officers must issue a notice under BNSS Section 35(3) before arresting individuals in offences punishable up to seven years, aligning with the Arnesh Kumar guidelines. The ruling mandates procedural compliance, ensuring accused persons are not arbitrarily detained without prior notice, safeguarding natural justice in criminal investigations.

Telangana High Court rules that arrest in offences punishable by up to seven years requires strict adherence to BNSS Section 35(3) and Arnesh Kumar guidelines, reinforcing procedural safeguards as mandatory. The judgment directs investigating officers to issue notices and ensure cooperation without automatic arrest, impacting pre-arrest bail jurisprudence under the new criminal laws.

Andhra Pradesh High Court grants anticipatory bail where investigation is nascent and no prima facie evidence links the accused to SHG loan fraud, holding that arrest under BNSS Section 35(3) requires concrete material evidence. The ruling underscores that mere allegations without incriminating material cannot justify coercive action, protecting personal liberty during early-stage investigations.

High Court of Telangana holds that Section 35(3) BNSS mandates prior notice before arrest in offences punishable under 7 years, aligning with Arnesh Kumar guidelines to prevent arbitrary detention.

Uttarakhand High Court reinforces Supreme Court's Arnesh Kumar guidelines, mandating strict adherence to Section 41-A CrPC for offences punishable with less than 7 years imprisonment.