Section 41 of the Code of Criminal Procedure empowers a police officer to arrest a person accused of being involved in any cognizable offense. The power to arrest had no requirements, this leads to an indiscriminate arrest, taking cognizance of the same the Parliament in 2009 amended the provision to add certain riders to the same through 41 (1)(b) CrPC. Further, the Hon’ble Supreme Court through its judgments mandated that the magistrate assess whether the requirements have been complied with. Legislative, as well as judicial reforms, have been able to tackle the menace of unnecessary arrest, but there is still a long road ahead.
For more details contact @ Advocate Prakhar Gupta