Case Commentary on Arnesh Kumar v. State of Bihar

Arnesh Kumar v State of Bihar is a landmark case in Criminal Law of India especially pertaining to the application of Criminal Procedure Code, 1973. This case raises a lot of questions pertaining to many socio-legal problems like dowry, rights of accused people, pre and post-arrest, granting of anticipatory bail and Section 498 A of the Indian Penal Code, which penalises cruelty subjected to married women in their marital home within seven years of marriage. The verdict, in this case, gave certain guidelines which are to be followed for executing an arrest. Due to this case facilitating a judge-made law which is eventually a revision in the existing law, this case had to be studied. Hence, this paper has attempted to comment on this case through the method of IRAC analysis, which involves examining the facts of the case, the issues or points of laws, applicable rules and then followed by a critical analysis.