Landmarks judgments of Supreme Court of India on Arrest of person

Landmarks judgments of Supreme Court of India on Arrest of person

The Supreme Court of India has delivered several landmark judgments regarding arrests and the rights of individuals. While I can provide information on some notable judgments, please note that my knowledge cutoff is in September 2021, and there may have been additional significant judgments since then. Here are a few key judgments related to arrests by the Supreme Court of India:
  1. D.K. Basu v. State of West Bengal (1997): This landmark judgment laid down guidelines to prevent custodial torture and ensure the protection of the rights of arrested individuals. It emphasized the importance of promptly notifying a friend, family member, or lawyer after arrest and highlighted the necessity of maintaining a proper arrest memo and medical examination report.
  2. Arnesh Kumar v. State of Bihar (2014): In this judgment, the Supreme Court addressed the issue of misuse of arrest powers in dowry harassment cases. The court directed that arrests in such cases should be made only after conducting a preliminary inquiry and following specific procedures, such as recording reasons for the arrest.
  3. Joginder Kumar v. State of Uttar Pradesh (1994): This judgment emphasized the need to balance the power to arrest with individual liberties. The court held that arrest should not be made in a routine manner, and the police should have valid reasons to believe that the arrest is necessary to prevent the commission of an offense or to ensure the presence of the accused during the investigation or trial.
  4. Lalita Kumari v. Government of Uttar Pradesh (2014): The Supreme Court in this case addressed the issue of registration of First Information Reports (FIRs). The court held that an FIR must be registered when information discloses a cognizable offense, and the police cannot refuse to register an FIR without conducting a preliminary inquiry.
  5. State of Rajasthan v. Balchand (1977): In this judgment, the Supreme Court held that the power to arrest should be exercised reasonably and in accordance with the provisions of the Code of Criminal Procedure (CrPC). The court emphasized that arrest should not be made merely to satisfy the investigating officer's ego or to teach a lesson to the accused.

It is important to note that the Supreme Court continuously interprets and clarifies legal provisions related to arrests through its judgments. To stay updated on the latest judgments and legal developments, it is advisable to refer to reliable legal databases, official Supreme Court websites, legal news publications, or consult with a qualified legal professional.


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