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1 - 4 of 4 (0.27 seconds)Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014
However, considering the principles laid down by the
Supreme Court in the case of Arnesh Kumar Vs. State of Bihar
(2014) 8 SCC 273, it is directed that in offences involving
punishment upto seven years imprisonment the police may resort
to the extreme step of arrest only when the same is necessary and
the applicant does not cooperate in the investigation. The
petitioner should first be summoned to cooperate in the
investigation. If the petitioner cooperates in the investigation then
the occasion of his arrest should not arise.
The Indian Penal Code, 1860
Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
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