SUPREME COURT & HIGHCOURT Rulings on POLICE

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Guidelines for Arrest : No arrest can be made because it is lawful for the police officerto do so. The existence of the power to arrest is one thing. The justification for theexercise of it is quite another. The police officer must be able to justify the arrest apartfrom his power to do so. Arrest and detention in police lock-up of a person causeincalculable harm to the reputation and self-esteem of a person. No arrest can be madein a routine manner on a mere allegation of commission of an offence made against aperson. It would be a prudent for-a police officer in the interest of protection of theconstitutional rights of a citizen and perhaps in his own interest that no arrest should bemade without a reasonable satisfaction reached after some investigation as to thegenuineness and bona fides of a complaint and a reasonable belief both as to theperson's complicity and even so as to the need to effect arrest. Denying a person of hisliberty is a serious matter. The recommendations of the Police Commission merelyreflect the constitutional concomitants of the fundamental rights to personal liberty andfreedom. A person is not liable to arrest merely on the suspicion of complicity in anoffence. There must be some reasonable justification in the opinion of the officereffecting the arrest that such arrest is necessary and justified. Except in heinousoffences, an arrest must be remanded if a police officer issues notice to person toattend the Station House and not to leave the station without permission would do.The right of the arrested person to have someone informed, upon request and to consultprivately with a lawyer was recognized by Section 56(1) of the Police and CriminalEvidence Act, 1984 in England. These rights are inherent in Articles 21 and 22(1) of theConstitution and require to be recognised and scrupulously protected. For effectiveenforcement of these fundamental rights, the following requirements are issued:1. An arrested person-being held in custody is entitled, if he so requests to have one friend,relative or other person who is known to him or likely to take an interest in his welfare toldas far as is practicable that he has been arrested and where he is being detained.2. The police officer shall inform the arrested person when he is brought to the police stationof this right.3. An entry shall be required to be made in the diary as to who was informed of the arrest.These protections from power must be held to flow from Articles 21 and 22 (1) andenforced strictly.19
It shall be the duty of the Magistrate, before whom the arrested person is produced, tosatisfy himself that these requirements have been.complied with. .The above requirements shall be followed in all cases of arrest till legal provisions aremade in this behalf. These requirements shall be in addition to the rights of the arrestedperson found in the various police manuals. These requirements are not exhaustive.The Directors General of Police of all the States in: India shall issue necessaryinstructions requiring due observance of these requirements. In addition departmentalinstruction shall also be issued that a police officer making an arrest should also recordin the case diary the reasons for making the arrest. (emphasis supplied).
Page 1 and 2: SUPREME CO
Page 3 and 4: precedential value in terms of the
Page 5 and 6: Case Index:. Supreme CourtI "Sr." N
Page 7 and 8: :Sr. Name of the Case. . CitationLe
Page 9 and 10: Sr. Name 'of the Case CitationNo.22
Page 11 and 12: Case Index: High Court 'Sr. Name of
Page 13 and 14: Sr. Name of the CaseCitation.. No.
Page 15: Sr. Name of the CaseNo. -23 Sitaben
Page 20 and 21: a court having jurisdiction over th
Page 22: FactsHeld1.2 : F.I.R. AND REGISTRAT
Page 25 and 26: 1.2 : F.I.R. AND REGISTRATION OF F.
Page 27: Facts1.2 : F.I.R. AND REGISTRATION
Page 31: FactsHeld1.2 : F.I.R. AND REGISTRAT
Page 34 and 35: FactsHeld1.2 : F.I.R. AND REGISTRAT
Page 37 and 38: would be accomplishing behind their
Page 40: y the power or colour of lawful aut
Page 47 and 48: Held1.4 : ARREST AND CUSTODYDirecto
Page 50: 1.4 : ARREST AND CUSTODYKultej Sing
Page 53 and 54: Charge of the Police Station. The O
Page 55: We direct all ranks of police and t
Page 59: forbidding escape is available, the
Page 62: friend of the person, who has been
Page 66: 1.6 : SEARCH AN9 SEIZUREState of Pu
Page 70 and 71: and this provision does not mandate
Page 72 and 73: Steps under Ss.52 and 57 to be take
Page 75 and 76: 1.7 : REMANDHeldC.B.I. vs Anupam J.
Page 78: 1.8 : CHARGE-SHEET - EFFECT OF DELA
Page 82 and 83: Held1.8 : CHARGE-SHEETK. VEERASWAMI
Page 84 and 85: months or the extended period. if a
Page 86 and 87: 1.8 : CHARGE-SHEETSharavan Baburao
Page 89 and 90: 1.2 : REGISTRATION OF F.I.R.1.9 : I
Page 91 and 92: The expression "reason to suspect"
Page 93:
Section 156(1) has to culminate in
Page 96:
Facts1.9 : INTERVENTION BY THE EXEC
Page 100:
a final report to the effect that n
Page 103:
(1) The confession should be record
Page 107:
HeldThe geographical distance betwe
Page 110 and 111:
II.3 RECORDING OF DYING DECLARATION
Page 112 and 113:
11.4 : POLICE AS WITNESSFactsTahir
Page 114 and 115:
evidence, since they can be said to
Page 116 and 117:
11.5 : USE OF CASE DIARY IN TRIALHe
Page 118 and 119:
III.1 : RIGHT TO LIFE AND PERSONAL
Page 120 and 121:
suffered by reason of such failure.
Page 122 and 123:
111.1 : RIGHT TO LIFE AND PERSONAL
Page 124 and 125:
legal ambit and that they have not
Page 126 and 127:
IV.1 : EXTERNMENTFactsPrakash Sitar
Page 128 and 129:
IV.1 : EXTERNMENTSh. Rambhai alias
Page 130 and 131:
IV.1 : EXTERNMENTSitaben M. Thakore
Page 132 and 133:
IV. 1 : EXTERNMENTDater Gatar Sulem
Page 134 and 135:
IV.2 : POWER OF POLICE SURVEILLANCE
Page 136:
IV.2 : POWER OF POLICE SURVEILLANCE
Page 139:
FactsIV.A : PERMISSION TO ORGANIZE
Page 142:
IV.S. : LICENCING PLACES OF PUBLIC
Page 145 and 146:
IV.6 : DIRECTION FORPROVIDING POLIG
Page 147 and 148:
IV.7 : . LIMITATION IN COMPLAINT/SU
Page 149 and 150:
IV.7 : LIMITATIONIN COMPLAINT/SUIT
Page 151:
ace in a race-club cannot change th
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SUPREME COURT & HIGHCOURT Rulings on POLICE

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