A Lucknow bench of Allahabad High Court said that police
shouldn't make routine arrest in cases lodged under SC/ST Act if the maximum
punishment in the case is less than seven years’ imprisonment. As per the Supreme
Court guidelines, the investigating officer has to follow the provisions of
Section 41 and 41 A of CrPC before making routine arrest in matters where
offences under IPC are punishable up to maximum seven years. The investigating
officer has to ensure that the arrest was essential, otherwise the judicial
magistrate would not send accused to judicial custody.
TIMES OF INDIA NEWSPAPER
NEW INDIAN EXPRESS NEWSPAPER
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