Explained | What are the latest guidelines on arrests and bail orders?

Source: The post is based on the article “Explained | What are the latest guidelines on arrests and bail orders?” published in The Hindu on 26th July 2022.

What is the News?

Recently, a division bench of the Supreme Court in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973. 

The Court has also emphasized upon separate legislation on the law relating to bail and has also issued specific directions in this regard.

These guidelines are in addition to the earlier ones which the apex court had already laid down in the case of Arnesh Kumar vs State of Bihar (2014). 

How is a person arrested? 

Arrest in its simplest form is defined as “when one is taken and restrained from his liberty”. The police have wide powers to arrest under the Code of Criminal Procedure, 1973. 

Satender Kumar Antil case: The Court said that the investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A and the directions issued in the Arnesh Kumar case.

What are Sections 41 and 41A of the Code of Criminal Procedure?

Section 41 of the Code provides for the circumstances in which an arrest can be made by the police without a warrant and mandates for reasons to be recorded in writing for every arrest and non-arrest. 

Section 41A of the Code provides for the requirement of a notice to be sent by the investigating agencies before making an arrest in certain conditions prescribed by the Code.

What are the guidelines with respect to bail?

Regarding bail, the Court said that the Government of India may consider the introduction of a separate enactment, in the nature of a Bail Act, so as to streamline the grant of bails.

Further, the Court also said that there needs to be strict compliance of the mandate laid down in the Siddharth vs State of U.P Case in 2021. 

In this case, the court has said that the bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise — the exception being an intervening application. 

Further, the applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application.

What about Undertrial prisoners?

The Supreme Court has directed the High Courts to identify undertrial prisoners who cannot comply with bail conditions. 

After doing so, appropriate action will have to be taken under Section 440 of the Code, facilitating their release. Under Section 440, the amount of bond shall not be excessive, and high courts and sessions courts may reduce the amount prescribed by the magistrate or a police officer. 

An exercise will also have to be done similarly to comply with the mandate of Section 436A of the Code, under which a person imprisoned during investigation or trial shall be released on bail on completion of half of the jail term prescribed for that offence.