Legal Snippets

Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. The Magistrate before authorising detention will record its own satisfaction, may be in brief but the said satisfaction must reflect from its order. It shall never be based upon the ipse dixit of the police officer, for example, in case the police officer considers the

Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Before a Magistrate authorises detention under Section 167, Cr.PC, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested is satisfied. If the arrest effected by the police officer

Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in

Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the

Hon’ble Supreme Court on res gestae. ” Even if the prosecution version that the PW­3, PW­5 and PW­6 could and did see the appellant running in front of Devendrappa’s house from the respective positions they were in at the time of occurrence of the incident was accepted, the evidence we would have been left with