Joginder Kumar vs State of UP
Joginder Kumar vs. State of U.P. (1994) 4 SCC 260
Background
Arrest powers of the police are very wide under Section 41 of the CrPC (Code of Criminal Procedure).
However, in practice, these powers were being misused, leading to unnecessary arrests and harassment.
The case of Joginder Kumar, a young advocate, became a landmark because it laid down procedural safeguards against arbitrary arrests.
Facts of the Case
Joginder Kumar, a young lawyer, was called by the police for questioning in connection with an investigation.
He was taken into custody without any formal arrest being recorded and was kept under illegal detention.
His family members were not informed about his whereabouts.
A habeas corpus petition was filed in the Supreme Court against this illegal detention.
Issues Before the Court
Whether police officers have unlimited discretion to arrest a person under Section 41 CrPC?
What safeguards should exist to prevent misuse of arrest powers?
What rights does an arrested person have under Articles 21 and 22 of the Constitution?
Judgment
The Supreme Court (Bench: Kuldip Singh & R.M. Sahai, JJ.) held:
Arrest is not mandatory in every case – Even if a police officer has the power to arrest, he must justify the necessity of arrest.
No arbitrary arrest – Arrest should not be made in a routine manner; it must be justified by reasonable grounds.
Rights of the arrested person:
The arrested person has the right to inform a friend, relative, or lawyer about his arrest.
The police must inform the person of the grounds of arrest (Article 22(1)).
The arrested person must be produced before a magistrate within 24 hours (Article 22(2), Section 57 CrPC).
Guidelines by Supreme Court:
An arrested person’s relatives/friends must be informed of the arrest.
The police must maintain a record of the arrest and inform the family.
Arrest should be based on necessity (for investigation, prevention of further offences, etc.), not merely suspicion.
This was the first step towards protecting personal liberty against arbitrary arrest, later expanded in D.K. Basu vs State of West Bengal (1997).
Significance
Strengthened Article 21 (Right to Life and Personal Liberty).
Balanced police powers with individual rights.
Laid foundation for the D.K. Basu guidelines on arrest and detention.
Related Case Laws
D.K. Basu vs State of West Bengal (1997) 1 SCC 416
Expanded safeguards against custodial torture and arbitrary arrest.
Issued detailed guidelines (like preparing arrest memo, medical examination, right to meet lawyer).
Khatri (II) vs State of Bihar (1981)
Right to free legal aid is a fundamental right under Article 21.
Sheela Barse vs State of Maharashtra (1983)
Rights of women prisoners highlighted; legal assistance and humane treatment mandated.
Arnesh Kumar vs State of Bihar (2014) 8 SCC 273
Arrest in offences punishable up to 7 years should not be automatic; police must justify necessity of arrest.
Maneka Gandhi vs Union of India (1978)
Expanded the scope of Article 21: no person can be deprived of liberty except by a just, fair and reasonable procedure.
Summary Table
| Aspect | Details |
|---|---|
| Case Name | Joginder Kumar vs State of U.P. (1994) 4 SCC 260 |
| Facts | Young advocate detained illegally without informing family |
| Issue | Limits of police power to arrest under Sec. 41 CrPC |
| Judgment | Arrest must be justified, not routine; relatives must be informed |
| Rights Established | Right to inform relatives, know grounds of arrest, produced before magistrate |
| Related Cases | D.K. Basu (1997), Arnesh Kumar (2014), Sheela Barse (1983), Maneka Gandhi (1978) |
| Importance | First case to restrict arbitrary police arrests and protect Article 21 rights |
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