Supreme Court: Police Cannot Arrest Accused Just to Ask Questions

• The Supreme Court ruled that police cannot arrest an accused merely for questioning.
• Arrest is a discretionary statutory power, not a mandatory requirement, emphasized by Justices M M Sundresh and N K Singh.
• The power to arrest under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a stringent objective necessity, not a convenient option.
• Police must satisfy that investigation cannot proceed effectively without custody for offenses punishable up to seven years.
• The decision came during an appeal against an Allahabad High Court order, clarifying Section 35(3) of BNSS, 2023.