00:00The entire country has been asking one question.
00:03Why was the Kanpur Lamborghini hit and run accused granted bail immediately?
00:08A man who allegedly hit and injured six people, then reportedly disappeared, walked out on bail.
00:14Social media is buzzing with allegations of influence.
00:19This case has triggered outrage about VVIP culture and whether the rich get special treatment.
00:24But as you read the bail order, the court pointed to serious procedural lapses by the police,
00:30specially regarding arrest procedure.
00:32And here's where this gets interesting.
00:34Under the criminal procedure laws, specifically section 35 of the Bharatiya Niai Sahita,
00:40the police can arrest someone without a warrant, only in specific situations.
00:451. If a cognizable offense is committed in the presence of a police officer.
00:492. If there's a complaint of a cognizable offense punishable with more than 7 years in jail.
00:54If the person is a proclaimed offender or if they're found with stolen property.
00:58But what if the offense carries less than 7 years of punishment?
01:02Then under section 35.4 of the Bharatiya Nagarik Sonakshasa Sahita,
01:08the police must first issue notice asking the person to appear for questioning.
01:13Only if the police have reason to believe the person committed the offense.
01:182. Arrest is necessary to prevent further offenses.
01:22It's necessary for proper investigation or to prevent tampering with evidence or influencing witnesses.
01:28To ensure that the accused does not abscond.
01:31Most importantly, the officer must record written reasons for arrest or non-arrest and justify them before the court.
01:39Since 2009, the Supreme Court has repeatedly made one thing clear.
01:44Arrest is not mandatory. It must be used sparingly.
01:48Now, here's the key part.
01:50The FIR in the Kanpur case invokes offenses that carry relatively low punishment.
01:55None of these, therefore, carry more than 7 years in jail.
01:58Which means the process is notice first, arrest later, unless strong reasons are recorded.
02:04And this is where the problem lies.
02:06The court has noted that the notice to appear was dated 12th February.
02:11The arrest, also on 12th February.
02:13So, effectively, the police showed him as being served notice and arrested on the same day.
02:17Which violates procedure.
02:19The prosecution also did not make the argument that he would tamper with the evidence or influence witnesses
02:25or was required for investigation or would run away.
02:29This case exposes something deeper.
02:31The law on arrest was designed to prevent unnecessary arrest and abuse of power by the police.
02:37But when procedures are not properly followed, it can either lead to harassment of people
02:43or, as in this case is being argued, benefit the accused.
02:48The outrage is real, but the legal reasoning lies in the procedure.
02:52And in criminal law, procedure is everything.
02:55No.
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