The apex court’s suggestions
It may be recalled here that a Bench headed by Justice Chandramauli Kr Prasad and Justice Pinaki Chandra Ghose had given a landmark judgment in Arnesh Kumar v state of Bihar & Anr on 2 July 2014 where the Supreme Court gave certain guidelines to be followed. They are as follows:
All state governments have to instruct its police officers that they cannot automatically arrest a person under Section 498A of IPC but and under parameters of Section 41 of Cr PC.
These police officers should be given checklist specifying the Section 41(1)(b)(ii).
Then these officers should fully add in the reasons which made them to arrest a person and then produce him before Magistrate without delay for further actions.
Magistrate can then authorise detention of such person only after perusing the reports produced by police officer and then record the same.
If a decision has to be put for not arresting the accused, then it must be done within 2 weeks from the institution of the case.
It has to be in writing to the Magistrate.
Under Section 41A of Cr PC notice of appearance should be served on the accused and it should be done within 2 weeks from institution of the case in writing.
If any police officer fails to comply with these directions then he can be liable for departmental actions and these directions of court will apply even to Section 4 of the Dowry Prohibition Act along with Section 498A of IPC.