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ARTICLE · 29 JULY 2014

No Automatic Arrests, Due Process To Be Followed: SC

Nishith Desai Associates
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Over the years, India Inc. has witnessed a rampant increase in white collar crimes. Police in India has almost set a trend of effecting immediate arrest.

IndiaCriminal Law
Tanya Pahwa
Tanya Pahwa
Moazzam Khan
Moazzam Khan
Vyapak Desai
Vyapak Desai
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  • No automatic arrests/detentions to be made by the Police/Magistrates even in non-bailable and cognizable offences; conditions precedent for making arrest/authorizing detention under the Code of Criminal Procedure, 1973 must be satisfied first
  • Directions for making arrest/authorizing detention issued to all police authorities/ Magistrates
  • Another step forward in developing a fair and corruption free environment for India Inc.

INTRODUCTION

The Supreme Court of India ("Supreme Court") in its recent judgment of Arnesh Kumar ("Petitioner") vs. State of Bihar and Ors.1 ("Ruling") ruled on the principles for making arrest and detention under the Code of Criminal Procedure, 1973 ("Cr.P.C."). The Supreme Court, in its Ruling, has issued certain directions to be followed by the police authorities and the Magistrates while making arrest and/or authorizing detention of an accused.

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