Question

In Arnesh Kumar v. State of Bihar (2014), the Supreme Court has established guidelines to prevent arbitrary arrests in cases relating to the offence under ______________.

• A. Section 498A of IPC
• B. Section 376 of IPC
• C. Section 302 of IPC
• D. Section 304B of IPC

Hint:

The Arnesh Kumar guidelines are the Supreme Court's answer to the problem of automatic arrests, particularly in cases under Section 498A IPC.

Answer 1

The Correct Option is A

The landmark judgment in Arnesh Kumar v.
State of Bihar was delivered by the Supreme Court to address the widespread misuse of Section 498A of the Indian Penal Code (cruelty by husband or his relatives).
The court noted that this section had become a weapon for disgruntled wives, leading to the automatic and often unnecessary arrest of the husband and his family members.
To prevent this, the court issued a set of mandatory guidelines for the police, directing them not to automatically arrest an accused under Section 498A and to first satisfy themselves about the necessity for arrest based on a checklist.
These guidelines also apply to other offenses punishable with imprisonment for a term which may be less than seven years.