3.
4.
14
c.
No arrests should be made on the basis of the offence being nonbailable and cognizable. The arrest should be preceded by initial
investigations by the officer to assess the genuineness of the
complaint.
d.
The police officer shall be provided with a checklist for arrest that
come under section 41 of the CrPC and they shall forward the check
list duly filed and furnish the reasons and materials which necessitated
the arrest.
DR. RINI JOHAR v. THE STATE OF MADHYA PRADESH
a.
AIR 2016 SC (CRIMINAL) 1025
b.
Concerning the arrest of a doctor and her mother, a practicing advocate
on the basis of an FIR registered against them under Section 420 of the
Penal Code and Section 66-D of the Information Technology Act, 2000.
Supreme Court of India directed the State to pay Rupees five lakhs to
each of the petitioners.
c.
“When the individual liberty is curtailed in an unlawful manner, the
victim is likely to feel more anguished, agonized, shaken, perturbed,
disillusioned and emotionally torn. It is an assault on his/her identity.
The said identity is sacrosanct under the Constitution there has been
a violation of Article 21 of the Constitution and the Petitioners were
compelled to face humiliation.”
RAKESH KUMAR SHARMA AND Ors. v. STATE OF U.P.
a.
AIR 2017 SC 3869
b.
Hon’ble Supreme Court, in order to prevent misuse of S. 498-A, gave a
number of directions, such asi.
Every such complaint may only be investigated by a designated
officer.
ii.
a bail application was filed with at least one clear day’s notice
to the Public Prosecutor/ complainant, the same may be decided
as far as possible on the same day. Recovery of disputed dowry
items may not by itself be a ground for denial of bail if