The Supreme Court (‘SC’) observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code, 1973, at the time of arrest, would entitle the accused for grant of bail. Section 41 and 41 A of the CrPC govern the arrest of any person without a warrant.
Holding that Sections 41 & 41A are facets of Article 21 of the Constitution of India, the SC stated “The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar judgement…..Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action.”
