In Arnesh Kumar v State of Bihar (2014), the Supreme Court directed that arrest under Section 498A IPC (cruelty by husband / relatives) should
ABe permitted by a Sessions Court only
BBe barred entirely
CBe automatic on a complaint
DBe made only after the police officer satisfies himself of the necessity of arrest under the parameters of Section 41 CrPC; the arresting officer must furnish reasons in writing
Answer & Solution
Correct answer: D. Be made only after the police officer satisfies himself of the necessity of arrest under the parameters of Section 41 CrPC; the arresting officer must furnish reasons in writing
Arnesh Kumar laid down a checklist mirror of Section 41 CrPC. Arrest is not a routine response to a 498A complaint. This was issued to address widespread abuse of the provision and arbitrary arrests.
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