Which one of the following statements in respect of the directions of the Supreme Court in Arnesh Kumar…
In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 (AIR 2014 SC 2756), the Supreme Court issued mandatory directions to prevent unnecessary arrests and mechanical remand…
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Which one of the following statements in respect of the directions of the Supreme Court in Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756, as applicable to arrest and remand under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023, is NOT correct?
Answer and explanation
Correct answer D
In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 (AIR 2014 SC 2756), the Supreme Court issued mandatory directions to prevent unnecessary arrests and mechanical remand orders under the arrest and notice-of-appearance provisions—now contained in Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Sections 41 and 41A of the Code of Criminal Procedure, 1973). These directions apply not only to offences of matrimonial cruelty under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A of the Indian Penal Code, 1860) and Section 4 of the Dowry Prohibition Act, 1961, but to all offences punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine. Before authorising detention, the Magistrate must peruse the police officer's report and record satisfaction; authorising detention without recording reasons violates the directions and renders the Magistrate liable to departmental proceedings.
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