Topic
Section 41-A of the CrPC mandates that police must issue a notice to a person before arrest in offences punishable with up to seven years imprisonment, as per the Arnesh Kumar guidelines.
Allahabad HC reaffirms that arrests under Bharatiya Nagarik Suraksha Sanhita (BNSS) for offences punishable up to seven years must strictly comply with Section 41-A CrPC and Arnesh Kumar guidelines. Non-compliance renders arrests illegal, reinforcing procedural safeguards against arbitrary detention.
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.
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.
Andhra Pradesh High Court holds that arrest cannot be made automatically in offences punishable with less than seven years imprisonment without following Section 41-A CrPC or Section 35(3) BNSS, per Arnesh Kumar guidelines.
Rajasthan High Court directs 20-day pre-arrest notice for offences under BNS not exceeding seven years' imprisonment, applying Arnesh Kumar v. State of Bihar to safeguard personal liberty.