SRINAGAR: The Jammu and Kashmir and Ladakh High Court has issued guidelines regarding the arrest, detention, and bail of individuals accused in criminal cases with a punishment of up to seven years of imprisonment, along with or without a fine. The court advised police officers not to automatically arrest individuals under Section 498-A of the IPC and to carefully assess necessity for arrest based on the parameters outlined in Section 41 of the Criminal Procedure Code.
These guidelines align with the Supreme Court’s directives in the Md. Asfak Alam v. State of Jharkhand case, emphasising the importance of avoiding unnecessary arrests. Both the governments of Jammu and Kashmir and Ladakh Union Territory have been instructed to ensure that arrests under Section 498-A of the IPC 1860 are based on valid reasons as defined in Section 41 of CrPC.
The guidelines mandate that police officers be equipped with checklists detailing sub-clauses under Section 41(1)(b)(ii), which they must fill out when making arrests. They should provide reasons justifying the arrest when presenting the accused before the Magistrate for further detention. The magistrate can only grant authorisation after reviewing the report provided by the police officer and being satisfied with the grounds for detention.
If an accused is not to be arrested, this decision must be communicated to the magistrate within two weeks from the date of case registration, with a copy sent to the magistrate. The superintendent of police may extend this timeline with documented reasons. Failure to adhere to these directions may result in departmental action and punishment for contempt of court for the police officers.
It’s crucial to understand that these guidelines are not restricted to cases under Section 498-A of the IPC or Section-4 of the Dowry Prohibition Act but apply to cases where the offense is punishable with imprisonment for up to seven years, with or without a fine.