Supreme Court Mandates Prior Notice Before Arrest in Offences Punishable Up to Seven Years

The Supreme Court of India has held that in cases where the alleged offence is punishable with imprisonment of up to seven years, the police are required to ordinarily issue a prior notice to the accused before making an arrest.

The Court clarified that the law treats arrest as an exception rather than the norm in such cases. It emphasised that a notice calling upon the accused to appear and cooperate with the investigation should generally be issued, and arrest should be resorted to only when it becomes strictly necessary.

Highlighting the importance of personal liberty, the Court observed that the power of arrest is discretionary and must be exercised with caution. Arrests should not be made in a routine or mechanical manner and must be supported by valid reasons such as the risk of absconding, interference with the investigation, or non-cooperation by the accused.

The ruling reinforces procedural safeguards and seeks to prevent unnecessary custodial detention while ensuring effective investigation.

Discription: The Supreme Court of India has reiterated that for offences punishable with imprisonment of up to seven years, the police must ordinarily issue a prior notice to the accused before making an arrest. The Court emphasised that arrest should be treated as an exception and not the rule in such cases. It observed that the power to arrest is discretionary and must be exercised cautiously, keeping in mind the fundamental right to personal liberty. Arrests should not be made mechanically and must be justified by specific reasons such as the likelihood of absconding, non-cooperation with investigation, or tampering with evidence. The ruling strengthens procedural safeguards against unnecessary detention.