Arrest Must Be Rational, Fair And Based On Admissible Evidence: MP HC
Arrest Must Be Rational, Fair and Based on Admissible Evidence – MP High Court
🔹 Principle Laid Down
The Madhya Pradesh High Court has reiterated that:
Arrest is not to be made in a routine or mechanical manner.
It must be rational, fair, and based on admissible evidence.
Police officers are duty-bound to ensure that arrest is carried out only when justified under law, keeping in mind the constitutional guarantees under Article 21 (Right to Life & Liberty).
🔹 Legal Foundation
Article 21 of the Constitution
Personal liberty cannot be curtailed except by procedure established by law, and such procedure must be just, fair and reasonable (Maneka Gandhi v. Union of India, 1978).
Section 35 BNSS, 2023 (corresponding to Section 41 CrPC, 1973)
Police can arrest without warrant only in specified situations.
For offences punishable up to 7 years imprisonment, arrest can only be made if:
The person is a habitual offender,
Likely to commit further offences,
Tamper with evidence, or
Not cooperate in investigation.
Supreme Court Guidelines
Joginder Kumar v. State of U.P. (1994) 4 SCC 260: Arrest is not mandatory; must be justified.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Laid down safeguards against arbitrary arrest & custodial torture.
Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: For offences up to 7 years, arrest should be an exception, not the rule. Police must record reasons.
🔹 MP High Court’s Observation
The habit of effecting arrests on mere allegations or suspicion is impermissible.
Arrest must be based on credible, admissible evidence that establishes a prima facie case.
Courts emphasized that arbitrary arrest → violation of Article 21 & 22.
Police officers who act mechanically without applying mind may be held accountable.
🔹 Why This Safeguard is Important
Prevents misuse of arrest powers as a tool of harassment.
Protects the reputation and liberty of individuals.
Ensures that investigation remains fair and impartial.
Strengthens the principle: “Bail is the rule, jail is the exception.”
🔹 Conclusion
The MP High Court aligned itself with the constitutional mandate and SC precedents by holding:
👉 Arrest is not punitive but preventive; it must be fair, rational, and based on admissible material evidence.
👉 Police must apply judicial-like mind before curtailing liberty.
👉 Arbitrary arrest violates fundamental rights and undermines rule of law.
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