Arrest Is A Serious Matter And Cannot Be Made Routine Manner On Mere Allegation: Bombay HC
Arrest Is A Serious Matter And Cannot Be Made In A Routine Manner On Mere Allegation: Bombay High Court
🔹 Meaning of the Principle
Arrest is a serious infringement of personal liberty, protected under constitutional principles.
The Bombay High Court emphasizes that arrest cannot be made mechanically or routinely merely based on allegations.
Arrest must be based on reasonable grounds, proper investigation, and application of judicial discretion.
Mere accusation or allegation without substance does not justify arrest.
🔹 Judicial Reasoning
Presumption of Innocence and Personal Liberty
Every individual is presumed innocent until proven guilty.
Arrest restricts freedom and must not be ordered unless necessary and justified.
Requirement of Prima Facie Material
Authorities must have prima facie evidence or credible material before arresting.
Mere allegations, especially if vague or unsubstantiated, are insufficient.
Arrest Should Not Be an Instrument of Harassment
Arrests cannot be used as tools to intimidate, harass, or coerce the accused.
It must be a carefully considered step in investigation or trial process.
Role of Police and Magistrate
Police must exercise discretion responsibly, ensuring arrest is justified.
Magistrates must critically examine the grounds for arrest in judicial custody applications.
Alternative Measures
Courts encourage use of less restrictive measures like summons, bail, or conditional release where possible.
🔹 Illustrative Example
A complaint is lodged against an individual for minor or unsubstantiated allegations.
Police immediately arrest without proper inquiry or verification.
Bombay High Court may intervene, highlighting that arrest cannot be made just on allegations without material.
Court directs release on bail or dropping of arrest if no serious grounds exist.
🔹 Key Points
| Aspect | Explanation |
|---|---|
| Arrest affects fundamental right | Interferes with liberty, so must be justified |
| Not on mere allegations | Requires credible evidence or prima facie case |
| Prevent misuse and harassment | Avoid arrest as tool of intimidation |
| Judicial scrutiny required | Magistrates must examine grounds carefully |
| Alternatives encouraged | Use summons, bail, or other non-custodial measures |
🔹 Case Law Reasoning (General)
Courts have repeatedly ruled that arrest should be the last resort, not the first response.
Arrests made routinely or mechanically have been quashed.
The emphasis is on protecting individual liberty while balancing investigative needs.
🔹 Conclusion
The Bombay High Court’s stance reinforces the fundamental principle that:
Arrest is a serious legal action and must be based on credible grounds, not routine or mere allegations. This protects citizens from arbitrary state action and preserves the rule of law.
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