The Calcutta High Court (Cal. HC) has issued guidelines to restrict unnecessary arrest of accused by Police Officers (P.O.) and casual & mechanical detention authorisations by the Magistrates. The Cal. HC held that when a case under Section 498-A IPC is registered P.O. shall not arrest the persons automatically but must satisfy itself about the necessity for arrest given under the parameters laid down in Section 41 Cr.P.C., especially under Section 41(1)(b)(ii) of the Cr.P.C. Further, the Magistrate shall peruse the report furnished by the P.O. and only after recording its satisfaction, he shall authorize detention. Failure to comply with these guidelines will make the P.O. and Magistrate liable for departmental action but also for the contempt of Court.
