Introduction

The Supreme Court's decision in Arnesh Kumar v. State of Bihar is a landmark judgment that transformed the law relating to arrests in India. Emphasizing the protection of personal liberty under Article 21 of the Constitution, the Court held that arrests cannot be made routinely or mechanically merely because an FIR has been registered. It laid down mandatory guidelines requiring police officers to comply with Sections 41 and 41A of the Code of Criminal Procedure before making an arrest in offences punishable with imprisonment up to seven years. This case commentary examines the facts, legal principles, and enduring significance of the judgment.