Accused Entitled to Bail If Arrest Was in Breach of Sections 41, 41A   CrPC: Supreme Court

[11 July 2022] The Supreme Court observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code at the time of arrest would entitle the accused for grant of bail. The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed that Section 41 and 41A are facets of Article 21 of the Constitution of India.

The court also directed the State Governments and the Union Territories to facilitate standing orders for the procedure to be followed under Section 41 and 41A of the Code.

The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for grant of bail – 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 v. State of Bihar, (2014) 8 SCC 273. Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action – State Governments and the Union Territories to facilitate standing orders for the procedure to be followed under Section 41 and 41A of the Code.