Guidelines on Arrests and Bail Orders
Context:
- In the recent Satender Kumar Antil vs CBI case a division bench of the Supreme Court has issued guidelines on arrests.
Background:
- The judgement in the Satender Kumar Antil vs CBI case the court has ordered a strict compliance of the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973.
- Section 41 – It contains the provisions related to circumstances in which arrest can be made by the police without a warrant.
- Section 41 A – It contains the provisions for the requirement of a notice to be sent by the investigating agencies before the arrest
What is the procedure involved?
- The Police force are empowered to arrest under the provisions of the Code of Criminal Procedure, 1973.
- The court had declared that arrest would lead to harm to the reputation and self-esteem of a person in the Joginder Kumar (1994)
- Even in recent times, apprehensions have raised about frequent arrests and subsequent bail of accused persons.
Guidelines With regards to bail:
- The court has come out with an opinion that the Government should consider the introduction of a new legislation for the procedure of granting bails.
- The court clearly directed that bail applications ought to be disposed of within a period of two weeks except where the law grants permission to extend the time period.
- And with respect to anticipatory bail it has to be disposed of within a period of six weeks with the exception of any intervening application.
Source The Hindu
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