The Delhi Police on Thursday submitted its charge sheet before a Delhi court, recommending the trial of Bharatiya Janata Party MP and former Wrestling Federation of India chief Brij Bhushan Sharan Singh on alleged charges of assault with intent to outraging modesty, stalking and sexual harassment of some prominent female wrestlers who had complained against him.

According to the police, Singh has been charged under sections 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment) and 354D (stalking) of the Indian Penal Code (IPC).

According to a report published in Hindustan Times, all the three offences are considered to be serious offences against women and entail maximum punishment of five years in jail, it is unlikely that Singh will face an imminent arrest.

The Code of Criminal Procedure (CrPC) coupled with a raft of Supreme Court judgments lays down that it is not mandatory to arrest an accused if the maximum punishment prescribed for the offences involved is less than seven years in jail. Another set of rulings adds that if an accused is not arrested during the probe, there must be special reasons if the investigating agency or the court wants his arrest after the filing of the charge sheet.

Section 41 of the CrPC prescribes that a police officer can arrest a person for a cognisable offence with a jail term up to seven years only when it is expedient in the interest of the investigation to do so or to prevent them from committing any further offence. The law requires the police officer to record in writing the reasons for making arrest.

The police officer, in all other cases where the arrest of a person is not required, is obligated under Section 41A of CrPC to issue a notice of appearance. “Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested,” adds Section 41A of CrPC.

The 2014 landmark judgment in Arnesh Kumar Vs State of Bihar elucidated the purposive interpretation of Section 41 CrPC, holding that an arrest for offences carrying maximum punishment up to seven years in jail can be made only after satisfying the twin condition — that there is a reason to believe or suspect that the accused has committed an offence, and there is a necessity for an arrest.

“In pith and core, the police officer before arrest must put a question to himself, why arrest? Is it really required? What purpose will it serve? What object will it achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised,” said the top court, adding the law mandates the police officer to record the reasons behind making arrests. The Arnesh Kumar judgment further said that a magistrate is duty-bound to release an accused if the investigating agency fails to show compliance with the requirements under Section 41 of CrPC.