The Supreme Court on Thursday reiterated that police authorities must exercise caution while making arrests and emphasised that issuing a notice of appearance should be the norm unless custodial arrest is absolutely necessary. The court underlined that arrest is not a routine procedure and should be resorted to only after due application of mind and strict adherence to legal safeguards.

A bench of the apex court reminded law enforcement agencies of the mandatory compliance with provisions of the Code of Criminal Procedure (CrPC), particularly those governing arrests in offences punishable with less than seven years of imprisonment. The judges stressed that police officers must record valid reasons justifying an arrest and cannot act mechanically or under external pressure.

The court observed that indiscriminate arrests not only violate personal liberty but also burden the criminal justice system. It said that serving a notice of appearance to the accused, instead of immediate arrest, is a statutory requirement meant to protect citizens from unnecessary deprivation of liberty and to ensure fairness in investigations.

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Referring to earlier judgments, the Supreme Court noted that it has repeatedly laid down clear guidelines to curb arbitrary arrests. These include strict compliance with Section 41 and Section 41A of the CrPC, which mandate that police must first consider whether arrest is essential for investigation, prevention of further offences, or ensuring the accused’s presence during trial.

The bench also cautioned magistrates to carefully scrutinise arrest memos and the reasons cited by the police before authorising judicial or police custody. It said courts must not approve remand orders in a routine manner and should hold investigating officers accountable for violations of established legal norms.

The ruling reinforces the judiciary’s consistent stance on safeguarding personal liberty and ensuring responsible policing. Legal experts say the reminder is significant at a time when concerns over misuse of arrest powers continue to be raised, and it serves as a warning that failure to follow due process could invite judicial scrutiny and consequences.

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