About:
- 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).
- The Court in the present case has also emphasised upon separate legislation on the law relating to bail and has also issued specific directions in this regard.
- On July 16, even the Chief Justice of India (CJI) cautioned against “hasty and indiscriminate arrests”. He further commented on the delay in bails and the plight of undertrial prisoners.
What are Sections 41 and 41A of the Code of Criminal Procedure?
- Section 41 of the Code provides for the circumstances in which 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.
