New Delhi: The Supreme Court has issued a strong warning to police authorities, stating that people should not be arrested simply because the law allows it. Arrests must be made only when they are absolutely necessary for investigation.
Hearing a case, the court observed that taking someone into custody merely to ask questions is not justified. The bench, comprising Justices M.M. Sundresh and N.K. Singh, stressed that arrest should be based on clear and objective necessity—not treated as a matter of convenience for the police.
Referring to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the judges explained that under Section 35(3), police must first issue a notice to the accused in cases where the offence carries punishment of up to seven years. Arrest should be the last option.
The court clarified that detention must be used only when it is essential for the investigation and public interest, reinforcing the importance of protecting individual liberty.
Hearing a case, the court observed that taking someone into custody merely to ask questions is not justified. The bench, comprising Justices M.M. Sundresh and N.K. Singh, stressed that arrest should be based on clear and objective necessity—not treated as a matter of convenience for the police.
Referring to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the judges explained that under Section 35(3), police must first issue a notice to the accused in cases where the offence carries punishment of up to seven years. Arrest should be the last option.
The court clarified that detention must be used only when it is essential for the investigation and public interest, reinforcing the importance of protecting individual liberty.