S 41A CrPC – Contempt Proceedings Against Police Officers For Violating ‘Arnesh Kumar’ Guidelines

The Supreme Court in Arnesh Kumar vs State of Bihar 2014 (8) SCC 273 had held that in all cases where the arrest of a person is not required under Section 41(1) Cr.P.C. the police officer is required to issue notice directing the accused to appear before him at a specified place and time. While issuing guidelines, it was also observed that the failure to comply with the directions issued by it shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

Following this, various High Courts have initiated contempt proceedings against Police Officer for violation of ‘Arnesh Kumar’ Guidelines. Following are some of them which resulted in conviction and sentencing of the police officers:

 Ramadugu Omkar Varma v. Ashok Naik – Telangana High Court convicted a Police Officer for contempt and sentenced him to jail for a period of four weeks.

In Re Chandan Kumar – Allahabad High Court sentenced a cop to undergo simple imprisonment for 14 days and fine of Rs. 1000/-

Rakesh Kumar vs Vijayanta Arya – Delhi High Court sentenced a police officer to 1-day imprisonment.

News Articles

Allahabad HC Holds Police Officer Guilty Of Contempt For Violating ‘Arnesh Kumar Guidelines’, Sentences Him To 14 Day Imprisonment

Four police officials get six week jail for contempt of court

Delhi HC sentences sub-inspector to 1-day jail for violating arrest rules

Kerala High Court seeks explanation from Magistrate for remanding accused arrested in violation of Arnesh Kumar guidelines

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