What is Credible Information or “reasonable suspicion” under section 41 CrPC?

Before taking any action under this section, it is the duty of the officer concerned to make sure that the information or suspicion upon which an arrest can be made is based upon definite facts and materials placed before him. Under no circumstances can a police officer make an arrest under this section merely on the likelihood of cognizable offence being committed in the future.

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In Arnesh Kumar v State of Bihar, AIR 2014 SC 2756, the Supreme Court held that in cases relating to dowry harassment, police officers should not automatically make arrests. The practice of mechanically reproducing in case dairy all or most of the reasons contained in section 41 of the Code for affecting arrest should be discouraged and discontinued. When an arrest is made under suspicion, the police have to carry out the investigation without unnecessary delay and the Magistrate has to be watchful as the power of arrest without warrant under suspicion is liable to be abused.