Reviewed case brief

Arnesh Kumar v. State of Bihar

(2014) 8 SCC 273

The landmark decision restricting automatic arrests in cognizable offences punishable with up to 7 years, now codified in S.35(3) BNSS.

arrestpolice-powerarticle-21S.35-BNSSguidelinessem-5
Court
Supreme Court of India
Year
2014
Subjects
Bharatiya Nagarik Suraksha Sanhita
Reviewed
2026-06-29

Rule established

Police must not automatically arrest in cognizable offences punishable with up to 7 years. Conditions under S.41(1)(b) CrPC (now S.35(3) BNSS) must be satisfied and reasons recorded.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        SCC

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.