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June 25, 2021
No automatic arrest in Bihar : DGP
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No automatic arrest in offences having maximum sentence of seven years or in cases of ordinary offense: Bihar DGP

Friday: Bihar DGP SK Singhal has issued an advisory to stop automatic arrests in ordinary offense or crimes having maximum sentence of seven years.

DGP Singhal has issues the order to comply the Supreme Court guidelines as in Arnesh Kumar case which was laid down in year 2014. According to the top court guidelines, a notice under CrPC section 41(a) to be issued to the accused and arrest can be made if the accused person fails to comply the notice served.

It has been instructed to all the regional IG and DIG, SSP and SP (including Railway Police) of the districts have been instructed to comply of the said order. It is also said, that action will be taken against the officers who will be fail to comply the said circular.

The DGP said that the police officer have to comply with the provisions of Section 41 of CrPC, rather than automatic arresting the person accused in dowry-related case and the offences having sentence of less than seven years.

It is also said per the order that, officer has to provide the reason of arrest in front of the magistrate. Also that if officers donot arrest the accused person then in that case, officer have to report the same to the concerned court.

Source Amar Ujala

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