Bhubaneswar: In a relief to the Odisha Police, the Orissa High Court has advised not to be in a hurry to arrest the accused in certain cases.
In an advisory, the High Court stated that in a cognizable offence prescribing sentence upto seven years of imprisonment, the police can refrain from arresting the accused without complying with the provision of Section 41(A) of Criminal Procedure Code. But the court made an exception in case of necessity of arrest for maintenance of law and order.
With almost entire police force engaged in ensuring enforcement of lockdown across the State, the High Court’s advisory, which would be in force till June 18, comes as a relief.
However, the court mentioned that it is not an interdict or a direction to curb the power of the police to arrest. Rather, it is an advisory issued in view of the present crisis. It has to be followed by the police so far as it is practicable and possible.
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